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Old 02-17-2011, 09:54 AM
formyGirls formyGirls is offline
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Default Police undertaking overrides order for access?

Hi everyone,

Here's my situation...

Stbx makes false claim to police that I threatened her if she didn't sign papers on the spot I would take kids away. Police interview me, tell them I have video to prove she's lying, they do nothing - just say to keep it civil (which I was entirely).

A few months later, she starts with a series of 4 more attempts to have me charged- and finally does, this time with uttering threats. BS. It goes to trial this summer.

The first time she tried to have me charged, she immediately withheld the kids from me, and did so until she was pressured to consent at a case conference almost two months later.

The second time, she did the same again. This time, as a result of the police charge, I had to sign an undertaking that states "visitation to be arranged through an agreeable third party". I contact her lawyer, give him 4 options I can think of for doing the exchanges, go to local access center and do the intake process (including paying the fees). There is no attempt to arrange access.

I serve her with a contempt motion, and immediately the access begins again, her lawyer responding that it was never her intention to deny access, she was just doing what she was told to do, blah, blah. BS.

Of the four suggestions I made, the local access center was one of them, friends was another, picking up my daughters at daycare and school (as I had always done, but now she arbitrarily disallowed), and my parents was the other. She chose to make my 67 year old father drive an hour each way, twice for the weekend, to pick up the girls and drive them a block down the road. Now my parents end up going on vacation, and the only time they could go interfered with one of the access weekends. I let her and her lawyer know, and she immediately snaps back that it is not that easy to just change the access provisions. BS.

Now I get an email from her lawyer saying that the undertaking I have signed with police trumps the family court order, and they have been more than generous allowing me to see the kids (forget what's in the girls best interest- she is doing this for the power, not thinking at all what is best for the kids!!!) They will not allow any other access arrangements for the girls to see me, she will not go to an access center (though her lawyer emailed me in the summer she would).

Looking for anyone that has dealt with an undertaking with the provision of access, and if they have managed to file a motion to get the judge to instate temporary access provisions, at least until the trial is done. I know I can argue that they have repeatedly denied access using these false allegations as their reasoning, and there is no provision in family law allowing them to do so. I have offered to pick up the kids at school and daycare, or have another family member or friend do the exchanges, and she will not allow any of that. I think I have grounds to proceed with a motion asking to force her to comply - any thoughts? Should I do the contempt motion instead?

Thanks!