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Old 04-01-2011, 01:12 PM
Teddie Teddie is offline
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Join Date: Oct 2009
Posts: 373
Teddie is on a distinguished road

Originally Posted by HammerDad View Post
Don't be a hardass and show up at her place demanding the child. It will only get you in trouble as she will claim you are threatening/harassing her.

What you need to do is email your ex and say that you are completely capable of tending to the needs of your sick child. That you do not agree with her unilaterally determining to withhold access and believe her non-compliance with the court order/agreement to be a denial of access.

Request makeup time at the earliest possible point. State that is your belief that neither parent is responsible for any illness the child may have, as, notwithstanding you consistantly making your best efforts to prevent illness, it is impossible to completely shelter them from all viruses.

State that the court order/agreement provides that you are entitled to your prescibed parenting time and that she is not allowed to unilaterally withhold access without legitimate reason. Should the child be as sick as she is suggesting, then it would be if the child was admitted to the hospital. Otherwise, you, as a parent, will ensure that the child is comfortable and their needs are met.

But if you show up there demanding the kids, I guarandamntee she will call the cops and you will be screwed going forward.

You have to request a doctors note, document the denial of access and your disapproval of her decision, and then rinse and repeat until you have about 3-4 instances of contempt.

It sucks, and she will think she has won something......until she is slapped with a motion for contempt....
Ok, I have done all of that with the exception of requesting make-up time. I have asked several times, through email, "what is the name of the doctor you took him to?". She is not responding and last night told me I was not entitled to that information...I know better than that.

My lawyer informed her lawyer of what is going on. Her lawyer agreed that he would instruct her to follow the schedule. Apparently she is not listening and I'm sure he will be yet another fired lawyer of hers very soon.

Thanks everyone!