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what if access is refused

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  • what if access is refused

    I posted previously about my soo to be ex wife and I disputing transportation. I have a visitation coming up this weekend, she is refusing to bring them to the current pick up and drop off point, and she is also refusing to allow them to leave with me (if I pick them up at her residence) unless I sign something that states I will do the pick up and drop off.
    If she does not show up at the current pick up point what do I do, if she refuses access, is there somewhere I go and report it (like the local police) just to have something to back up that she is withholding the kids.

  • #2
    Have your lawyer send your ex a letter stating that she is expected to be at the regular parenting time exchange location at the prescribed time in order to exchange the children. Alternatively, should you drive to her residence, that she be willing to pick up the children at your residence at the beginning of her parenting time.

    That you should not be adversely affected by her unilateral decision to relocate with the children. That should she fail to exchange the children, it will be deemed a denial of your parenting time and you will seek the appropriate remedy in court together with costs for the action.

    I recall you are attempting to get her into mediation to solve this. Why not give her a little incentive to mediate in good faith? File a motion requesting that transportation be split, in that each parent picks up the child at the beginning of their parenting time. Alternatively, that pick-ups be at the location the children used to reside. Should you work something out in mediation, you can always dismiss your motion. But in the mean time, it lets the ex know you are serious and, should mediation fail, you've already got the ball rolling in court which will save you some time.

    But ultimately, you go get your kids. If she won't release them to without signing a letter, you write "Without Prejudice" by your name and sign it. The important part is getting your parenting time with the kids, not starting WW3. You need to show you can act in the kids best interests, but that you don't agree with the ex's unilateral tactics and threatening your parenting time. Save all the emails as they will become evidence with your motion.

    Edit - I would also recommend that if you sign the letter, you take a picture of it with your phone so you have a copy of it for your records should you ever need to enter it as evidence in court.
    Last edited by HammerDad; 03-04-2015, 12:29 PM.

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