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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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  #1  
Old 12-03-2014, 09:02 AM
AikidoWins AikidoWins is offline
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HI -- I am writing this in hopes to help a friend of mine.

Quick story-- they were married, divorce is pending. They have 2 kiddos. S18- D13. S18 lives with his mother, attending school, has a job. D13 is living with his father, out of town and recently ( I mean within the last month ) was given custody, with mother every other weekend custody. Mother hasn't even had her first court ordered visit. The father has been sending mother nasty texts, and emails saying to stay out of his daughter's life " she doesn't want to see or talk to you " type of messages. The mothers first visitation with D13 is Dec 13th, and she has already been told that she will not get her for that weekend and to respect HIS wishes to leave her alone.

This is my question: What should she do-- what can be done? I know that there still is a few days ( 10 ) away from her visitation but, if he is already starting this BS with her-- how can she stop this NOW and get a good routine going with her little girl?
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Old 12-03-2014, 09:27 AM
HammerDad HammerDad is offline
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Have her lawyer send him a letter advising that the parenting time schedule will be maintained. That she intends to exercise her parenting time at the prescribed time and will be at the prescribed place to do so. Should the child not be available for the exchange that she will deem it a denial of her parenting time and will seek the appropriate remedy in court.

That it is in the child's best interests to have a relationship with both of their parents. And it is their job as parents to facilitate that relationship. That if the ex is unable or unwilling to facilitate their relationship, maybe the child should not reside primarily with them and should reside with the parent whom will facilitate both parents relationships with the child.

Further, that until the court order is changed, they are not allowed to unilaterally terminate her parenting time. And that any threat to do so will be taken seriously and forwarded to her lawyer to be maintained in their records in the event the ex follows through with the threat.
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Old 12-03-2014, 09:36 AM
AikidoWins AikidoWins is offline
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Quote:
Originally Posted by HammerDad View Post
Have her lawyer send him a letter advising that the parenting time schedule will be maintained. That she intends to exercise her parenting time at the prescribed time and will be at the prescribed place to do so. Should the child not be available for the exchange that she will deem it a denial of her parenting time and will seek the appropriate remedy in court.

That it is in the child's best interests to have a relationship with both of their parents. And it is their job as parents to facilitate that relationship. That if the ex is unable or unwilling to facilitate their relationship, maybe the child should not reside primarily with them and should reside with the parent whom will facilitate both parents relationships with the child.

Further, that until the court order is changed, they are not allowed to unilaterally terminate her parenting time. And that any threat to do so will be taken seriously and forwarded to her lawyer to be maintained in their records in the event the ex follows through with the threat.


Thank you-- does she need her lawyer to write this letter or can the mother? if so, how should she word it?
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Old 12-03-2014, 09:50 AM
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blinkandimgone blinkandimgone is offline
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The mother can, however it would be more effective if the lawyer does.
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Old 12-03-2014, 09:53 AM
DowntroddenDad DowntroddenDad is offline
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Originally Posted by Mittzu View Post
Thank you-- does she need her lawyer to write this letter or can the mother? if so, how should she word it?
The only purpose of having the lawyer write it is that is shows she is serious. A letter from a lawyer is more threatening.

The letter can be very simple.

It needs to state:

As per our court agreement, I will be picking up the child at XXXXXX. If you do not facilitate the court ordered arrangements, I will be forced to consider all options up to and including a motion in court to enforce the order.


Copy the ex's lawyer.
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Old 12-03-2014, 10:03 AM
AikidoWins AikidoWins is offline
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Awesome-- thank you
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