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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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  #11  
Old 09-14-2020, 03:16 PM
pinkHouses pinkHouses is offline
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The police station wont do anything for you if she is claiming threats or verbal abuse.
One reason i am not for them or the child exchange places is that it is weird for the child.

The age of your child matters if they can walk and bring there things simply letting them do the checkpoint charlie thing. There is no reason she has to be in close proximity to you or talk to you during the exchange.

If your current order says Access Center and your Access Center closed and other access centers are open then a motion sounds like a no brainer.

Find one in your area with good prices, ones that can make a report for you on how the exchanges go and accommodate extra free exchanges if return is done in a short time.
Ask for it then ask for dates the lawyer is available for a motion. Have your paper work and evidence lined up beforehand then just do it and ask for costs.
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Old 09-14-2020, 04:08 PM
pinkHouses pinkHouses is offline
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Question:
If the court order says the children are to be exchanged at the YMCA Access Center.
-a direct replacement is found
-the ex and her lawyer refuse to implement a suitable replacement

does that mean the lawyer and the ex are in contempt of the order?
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  #13  
Old 09-14-2020, 08:37 PM
tilt tilt is offline
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No, the court order says the YMCA (and usually has the address), you can’t unilaterally change it any more than the other party can. It isn’t contempt to follow the Order. If it isn’t a mutual change on consent then your only options are to follow the order or file a motion to change (and include proof you tried to resolve this without the court).
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  #14  
Old 09-15-2020, 02:05 PM
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Janus Janus is offline
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Quote:
Originally Posted by pinkHouses View Post
Question:
If the court order says the children are to be exchanged at the YMCA Access Center.
-a direct replacement is found
-the ex and her lawyer refuse to implement a suitable replacement

does that mean the lawyer and the ex are in contempt of the order?
No, they are not in contempt, they are following the order.

However, they will likely lose a motion to change and have to pay costs. Parents have two obligations:

1) Follow the court orders
2) Agree to reasonable changes in court orders

If you don't do the first, it is contempt. If you don't do the second, then you lose cases and have to pay costs.
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