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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 01-04-2020, 08:35 PM
fairlight fairlight is offline
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Do I have the right to pick the children up wherever they happen to be at the pick-up time? Even if not the agreed location? If I know where they are, can I go there? Ex is playing games and I'm just trying to get the kids home on time without being dramatic and escalating things.
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Old 01-04-2020, 08:49 PM
LovingDad1234 LovingDad1234 is offline
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Your time starts when it starts. For example, if you are to have the kids starting Friday at 4pm till Sunday at 6pm, your time starts on Friday at 4pm. No BS that she is busy and can only get you the kids st 5pm etc... Once Friday 4pm strikes, you are on the clock.
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Old 01-04-2020, 11:07 PM
Selfrepmom Selfrepmom is offline
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Quote:
Originally Posted by LovingDad1234 View Post
Your time starts when it starts. For example, if you are to have the kids starting Friday at 4pm till Sunday at 6pm, your time starts on Friday at 4pm. No BS that she is busy and can only get you the kids st 5pm etc... Once Friday 4pm strikes, you are on the clock.
Although in theory this is true, not so much in practice.
My partners ex has sole custody and he has regular parenting time. His daughter is in an after school program during his pick up times on Fridays as his ex usually doesnt get home from work until after he does. He figured it would be easier to just pick her up from the school at his start time and kill two birds with one stone by not having to wait around for the ex and avoid having to see her.
Well lo and behold she insists on controlling everything and said no he cannot pick her up from school. He then had a meeting with the principal and brought his court order with him which stated when his parenting time starts. Principal told him that unless his ex puts his name down as an authorized pick up, then there is nothing they can do.
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Old 01-05-2020, 01:12 AM
fairlight fairlight is offline
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Can he forbid me to come to his residence (curbside) to pick up the kids? There's no legal reason why I'm not allowed to be there and it's where he's over-keeping the kids. No court order specifying exchange location.
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Old 01-05-2020, 01:33 AM
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Tayken Tayken is offline
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Well lo and behold she insists on controlling everything and said no he cannot pick her up from school. He then had a meeting with the principal and brought his court order with him which stated when his parenting time starts. Principal told him that unless his ex puts his name down as an authorized pick up, then there is nothing they can do.
Lots he can do. He can bring a motion against the school board. Generally, if you bring a motion the school board will avoid it and just settle the matter so he can go get the kids. In fact, a letter from a lawyer to the principal and a motion date is generally all that is needed to educate the principal on the laws of custody and access. No one, not even the school, can impede a court-ordered access time.
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