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  • Other party not following order

    So, we went to court and have a new order starting on May 1st. *I don't want to go into details* but on this week I have our 5 year old this Friday afterschool till Wednesday 8 PM. I had texted her earlier on Thursday if I was going to get him and she texted back that she has weekend plans and too bad and she will let me know when I can have him.

    I stated the judge asked us to make a new order in Special Chambers, you, me, both our lawyers and the judge agreed to the schedule, and you cannot simply change it now. He is also sending us to case management.

    Her response through email again was, too bad I have plans and I was under stress at court so too bad, end of discussion. I'm his mother.

    This is the 3rd time this month she is not following the Court Order. I've asked my lawyer what to do, and she has said she will try and expedite us going to change management.

    My ex now says she is going to give him to me today as she has to go to work. I then have him till 8 PM Wednesday.

    Of course I am documenting all these times and recording it for the case management judge and wait till that happens. However, because I am not asking for any of my time back, as I like to follow court orders like most everyone else does, she now is keeping more and has an attitude that it's okay for her to extend her time when she feels like.

    Is it okay for me to say to her today, look since you violated the court order and kept him Friday night on my time, I will keep him Wednesday night extra to make up for the time.

    I don't want to do this tit for tat thing but I'm running out of options and her personality type has been you give her an inch, she will take a few miles.

  • #2
    Dont do it, follow the court order as it is written. It would look bad on you to say she isn't following it when you break it also. I know it sucks but let her be the one to screw up and you stay on the right path.

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    • #3
      Thanks, prior to this new Court Order, that is the strategy I used. Follow the court order and let her not follow the court order and boom she gets reprimanded in court to follow the order. We submitted into last month's court date that she wasn't following the previous order for an entire year.

      When we brought this up, the judge simply ignored it. Which according to make ex, then is not an "issue" that the judge cares about so it is a free for fall now.

      So in theory, this works in reality not so much as it depends on the judge you get and whether he cares.

      What are my options? As I realize in my experience, the judge we had does not care.


      Originally posted by standing on the sidelines View Post
      Dont do it, follow the court order as it is written. It would look bad on you to say she isn't following it when you break it also. I know it sucks but let her be the one to screw up and you stay on the right path.

      Comment


      • #4
        Maybe they dont care the first time but eventually they will care.

        Consider going for contempt, you have the pieces here...

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