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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21 (permalink)  
Old 02-06-2017, 11:42 PM
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Originally Posted by Nadia View Post
Instead of pursuing a police enforcement clause - is there anyway you can simply put forward a proposal whereby you pick up the children directly from school? If you are looking to vary the final order anyway - consider shifting time of access to 3pm or whenever school ends instead of 6pm. In this scenario you take the ex out of the equation altogether.

The court will always look favourably on a parent who has a solution that is in the best interest of the children.

This is good advice I think.

Perhaps your ex is ill...left the country.... or deceased? How do the two of you normally communicate? Is there any way you can get in touch with her? Friends?

I don't understand how people can pass their children on to someone without any mode of communication or idea of where the other party lives....exchange of emergency contact information?

What would happen if, on your parenting time, one of the children were in a serious automobile accident and doctors told you the child faced impending death? How would you contact the other parent? This is a real-life situation that sadly happens all too often.

Last edited by arabian; 02-07-2017 at 12:09 AM.
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Old 02-07-2017, 12:22 AM
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Originally Posted by arabian View Post
This is good advice I think.

Perhaps your ex is ill...left the country.... or deceased? How do the two of you normally communicate? Is there any way you can get in touch with her? Friends?

I don't understand how people can pass their children on to someone without any mode of communication or idea of where the other party lives....exchange of emergency contact information?

What would happen if, on your parenting time, one of the children were in a serious automobile accident and doctors told you the child faced impending death? How would you contact the other parent? This is a real-life situation that sadly happens all too often.
she cut communication with me from day one, we're exchanging the children through a 3rd party, I agree with you completely when there is an emergency, let's say I'm just out of luck not having an cooperative ex wife, it's sad but I'm just a father trying to be in my children's life, nothing else.
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Old 02-07-2017, 12:40 AM
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so what does the "3rd party" have to say about the current situation? or you going to beat your head against the wall... spend a year in court trying to get a 'contempt' ruling? You do realize that contempt proceedings are lengthy?
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Old 02-07-2017, 12:44 AM
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If you have had unremarkable and predictable parenting time for 4.5 years and it abruptly stops, I wonder if you should ask for police to do some sort of a wellness check for you? (then get the file number - handy documentation). Of course you would give the police the "3rd party" contact info.
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Old 02-07-2017, 02:11 PM
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Originally Posted by arabian View Post
If you have had unremarkable and predictable parenting time for 4.5 years and it abruptly stops, I wonder if you should ask for police to do some sort of a wellness check for you? (then get the file number - handy documentation). Of course you would give the police the "3rd party" contact info.
so Arabian, what would you do if your ex do not cooperate at all concerning the kids?! Maybe there are some useful thoughts you can share in here please, thanks.
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Old 02-07-2017, 02:19 PM
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Who is the "third party" through which you arrange access? Can that party provide information?

It sounds like Mom didn't bring the kids for one access visit last weekend after 4.5 years of regular access. It's not clear that this is denial of access - you need to check out the possibility that Mom was sick, car broke down, something happened with the kids, message not conveyed, etc., before you go off down the road of emergency motions and contempt motions.

If Mom is deliberately refusing to let you have the kids when it is your weekend to spend with them according to your divorce order, then yes, you do have a situation in which you need to move quickly, but that's not clear from the information you provided.

Don't be in a hurry to start complicated things like a contempt motion.
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Old 02-07-2017, 02:54 PM
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Who is the "third party" through which you arrange access? Can that party provide information?

It sounds like Mom didn't bring the kids for one access visit last weekend after 4.5 years of regular access. It's not clear that this is denial of access - you need to check out the possibility that Mom was sick, car broke down, something happened with the kids, message not conveyed, etc., before you go off down the road of emergency motions and contempt motions.

If Mom is deliberately refusing to let you have the kids when it is your weekend to spend with them according to your divorce order, then yes, you do have a situation in which you need to move quickly, but that's not clear from the information you provided.

Don't be in a hurry to start complicated things like a contempt motion.
3rd party is a transfer exchange service provider, they took notes at the last transfer exchanges, when mother created enough fuss with them so they suspended service until both of us will provide such proof of enrollment in OFW or other communication tool. Simply, their roll is not to pass information between parties, so mom refused to enroll in OFW, I did enroll and provided proof. Also it was specified in their notice letter access should continue at police station, mom didn't bring the kids at the police station this past weekend. It was further suggested if mom would continue to talk negatively about father in front of the kids they will terminate service.
I tried to reach out to her by phone and email, no answer as I write, no notice, no warning. I'm in the possession of their notes from last access which I filled with to my motion form. If I would wait too long it may be a problem.

And also Stripes, it's not the first time she canceled visits without reason, there is a pattern in canceling visits in the past, I had all documented for my motion to change final order - as a material change in circumstances.

She's simply evading and reluctantly interfering with children-parenting time.

Last edited by paco; 02-07-2017 at 03:02 PM.
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Old 02-07-2017, 04:17 PM
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Originally Posted by paco View Post
3rd party is a transfer exchange service provider, they took notes at the last transfer exchanges, when mother created enough fuss with them so they suspended service until both of us will provide such proof of enrollment in OFW or other communication tool. Simply, their roll is not to pass information between parties, so mom refused to enroll in OFW, I did enroll and provided proof. Also it was specified in their notice letter access should continue at police station, mom didn't bring the kids at the police station this past weekend. It was further suggested if mom would continue to talk negatively about father in front of the kids they will terminate service.
I tried to reach out to her by phone and email, no answer as I write, no notice, no warning. I'm in the possession of their notes from last access which I filled with to my motion form. If I would wait too long it may be a problem.

And also Stripes, it's not the first time she canceled visits without reason, there is a pattern in canceling visits in the past, I had all documented for my motion to change final order - as a material change in circumstances.

She's simply evading and reluctantly interfering with children-parenting time.
not sure if emergency motion is appropriate if 3rd party is involved.

if access is to take place at police station (as bad as it sounds) I'm not sure how police assistance is going to help.

why don't you file a regular motion to get pickups and drop offs to school?

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Old 02-07-2017, 04:23 PM
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Originally Posted by trinton View Post
not sure if emergency motion is appropriate if 3rd party is involved.

if access is to take place at police station (as bad as it sounds) I'm not sure how police assistance is going to help.

why don't you file a regular motion to get pickups and drop offs to school?

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I don't have a problem to pickup and drop offs at school, but she doesn't even want to bring them at the police station.
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Old 02-07-2017, 06:41 PM
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I don't have a problem to pickup and drop offs at school, but she doesn't even want to bring them at the police station.
did you file your emergency motion this morning? i assume not.

how do you expect the police to enforce her to bring the child to the police station?

I could see police assistance clause working for daycare denying access, just not your situation.

not sure it would accomplish anything, except to help you find her in contempt.

before you bring a regular motion for school pick up drop offs, what is your current access schedule?



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