Court
Just got out of court. We got standard out of state visitation. Which was really the best case scenario.
The judge is holding contempt over BM's head and he told her that if she does not start cooperating immediately things will look very different if we are back in his court room.
She is already non cooperative. She stated in court that DH needed to update SS's medical card (military ID). DH tried to take him today since he is in town and she refused. So that is fun. Our lawyer is sending over the Journal Entry today with screenshots of that to her lawyer and the judge. We will see what happens.
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Will you guys pursue further
Will you guys pursue further court when BM refuses to comply?
We dont know.
We dont know.
If we do we already told the lawyer we arent flying out. IF we do anything it will be telling him to file and let us know what happens.
That's a good idea, not
That's a good idea, not flying out. The judge might hold contempt over her head forever and not really do anything.
He told her that if she didnt
He told her that if she didnt follow the order she would be responsible for all the fees we have requested. However, we dont need to be present for that hearing. It would be good to get those funds back though. So, it might be worth the filing for the 4K that we currently have being "held over her head".
So was there no visitation
So was there no visitation schedule before?
Was it addressed that the child doens't have any say in the matter and has to go for parenting time with dad?
It is too much to go into
It is too much to go into right now but it has been 6 years of continuations and no final to anything.
what is "standard out of
what is "standard out of state visitation"? was your DH given the time that he asked her for or was that just because he was "in town" for court?
Is she really in violation?
She did not send him on the
She did not send him on the cruise or for ordered visitation this summer.
I understand that.. but that
I understand that.. but that is "past".. the judge won't hold her in contempt for the past thing at this point.. so BM needs to do right going foward.. I was wondering what this schedule was and whether DH's request to see his kid was part of time he was ordered.. or whether he was hoping BM would be reasonable.. I'm guessing it wasn't officially his ordered time..
They won't really know if she refuses until the "real" custody time right?
Huh? They can't hold someone
Huh? They can't hold someone in contempt of a future thing. ? She was ordered to send him and didn't, and may have to pay them fees if the judge chooses to find her in contempt of that.
So he is holding ruling on
So he is holding ruling on the contempt to see if she will cooperate with the new orders.
Standard out of state:
Majority of summer
Spring break
Most of Christmas break
We have specific dates to follow. If she doesnt follow the rules she will have to pay the 4 grand being held over her head currently plus whatever the new attorney fees for the 3rd contempt that we file.
So does your visitation start
So does your visitation start immediately, so you get SS for the remainder of the summer? Or not until Christmas break rolls around?
School starts in 3 weeks and
School starts in 3 weeks and to bring him back today (we live in VA, SS was moved to KS while DH was deployed without his knowledge) it would cost so much money.
We were awarded make up time but it wasn't specified as to when. Our goal is Thanksgiving.
Given the judge’s threat of
Given the judge’s threat of contempt, I’d give court one more try if she doesn’t send him for the next scheduled visit. And if he defers and slaps her on the wrist again without doing what he said he’d do, I’d stop any court action.
It explains why BM was never
It explains why BM was never in any trouble for not letting SS to go with dad. There was no visitation schedule. It doesn’t make BM innocent, she is still a jerk but it explains what’s going on all this time and why she is never in contempt.
The issue was, spring break
The issue was, spring break was 100% ordered and recorded.
Summer was ordered and it was declared that BM's attorney will file the paperwork. He never did. Refused to communicate with our attorney. So... when we were back in court a couple of months ago the judge said the order stands even if it isnt in writting.
That is how we have 2 pending contempts.