CA - What's our next move in CA Court System? - been representing self
DH and BM fialized their custody just last month. One of the final orders the judge made was that BOTH parents would support SS in his activities and take him to his events. (Which has always been something BM refuses to do, but she agreed anyway). Actually, she's so dumb, she actually had a neighbor file a letter saying what a natural athlete the son is and that he sees BM play catch with him in the street so she MUST be supporting him in his interests. LOL This backfired in court because the judge basically said, "If he's got all this natural ability, we should be encouraging him to play sports".
Anyway, it's a month later. We gave BM a letter with all of the upcoming schedule changes regarding holidays, school breaks, and the summer 2 week on/off schedule. We also alerted her that SS will be playing ball and that practices start in July and will be held 3 xs per week and games will be held on Saturdays in Fall.
She sent us a message this morning saying that SS13 didn't want to play ball, it's not safe and SS doesn't want to play. DH responded that he would file a contempt motion in court if she didn't take him. She said, "do what you have to do, I'm having him write a letter about ball and about when you tried to drop him off with me" (long story, read blog to catch up).
DH just responded, "Your choice. You know the consequences" and then informed her that if she continued to text, he'd press charges for her breaking the restraining order.
Last fall when she refused to take him to ball, her EOWE visits, shrunk down to EO Saturday-Sunday.
So, my question:
do we wait until she doesn't take him?
Or do we do something now, so that SS doesn't miss out on summer ball based on what she's told us she is going to do? We would ask that her time be reduced to Sat - Sun, no extended summer visits, and then also hit her up for child support. (She has never paid a dime).
You need to wait until she
You need to wait until she actually breaks the order before charging that she's broken it.
You can't take her to court on contempt because of something she may do in the future.
In CA you are probably
In CA you are probably screwed. BM has all the power even if NCP. At least she did in our case. Good luck. You will probably need proof, lots of it, and nothing will change.
Well, taking him to his
Well, taking him to his activities was a huge part of the battle during the initial custody hearings that lasted about 9 months total. They saw the mediator (seperately) three times. In the final visit she flat out refused to take him.
But then in court agreed to take him and support his activities. We knew she wouldn't take him and that she has no intention of doing so. It is written into the court order that both parents will take him.
So, our intention is to open the case back up after summer, assuming that she does not take him, and then ask to shorten her visitation- since she does not wish to take him and told the mediator that she refuses. The only reason she has the viistation that she has is because DH basically pleaded with the mediator NOT to reduce her time. He did this for her son. We will also go after her for child support at that time and DH will now have OUR baby to claim as well, so we are hoping this will work out in our favor.
But... BM continues to PAS son during her visits and it is clear to EVERYONE that she's a POS. One judge even told her, Mr DH is being very generous with you, given the circumstances, don't you agree Ms BM?
But she doesn't get it.
Well, BM apparently did NOT
Well, BM apparently did NOT have SS13 write any letters this weekend.
And when we reminded her of the no contact, she stopped with her texts also.
Maybe she's scared and she'll do the right thing.
Who knows.
I'm just hoping she'll lay low for a while and just follow the schedule and we wont' have to deal with her until this football thing shows up again in the summer.