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Finally a court date

justmakingthebest's picture

Submitted by justmakingthebest on Thu, 10/15/2020 - 8:35am

We finally got the court date for the contempt that we filed back at the end of April!! 

This is for failure to communicate, failure to give medical information, and sharing communication between the parents. We are also trying to subpoena her tax returns and bank statements for proof that she is lying about income. BM got served last Friday.

Guess who answered the weekly call for the first time in 9 weeks on Tuesday?? That's right. SS finally answered his dad's call. They talked for over 30 mins. As soon as SS answered I went up to bed. I get to pissed off to sit there and listen to DH pretend that everything is ok. According to DH they had a good talk and SS was actually communicating. Of course DH didn't ask why he didn't answer a call for over 2 months or what BM was talking about saying that SS was too angry at DH to talk to him. (Whatever, I give up. I am trying not to care)

So now the only issue is that the hearing is in December. Our lawyer told us that it would be a Zoom hearing. Apparently the judge wants this to be in-person. Our lawyer is waiting to hear back from the judge on whether or not DH has to be there. We are claiming unfair financial burden since we would have to buy plane tickets when BM is the one who refuses to follow the CO. We shall see... We are hoping that our lawyer can go to court and we can be video/teleconferenced in.  

The biggest problem will be DH taking leave for 2 whole days early December for us to fly out and back for court and then DH being denied for Christmas when SS will be here. I really hate the Navy sometimes. 

Comments

tog redux's picture

Submitted by tog redux on Thu, 10/15/2020 - 8:49am

Well, that's good, that you got a court date. The judge is being ridiculous to ask you to fly for a court date during COVID (I know that part doesn't bother you, but it would some people and for that reason, the judge shouldn't require it).  Is it the same judge who threatened BM with jail?

justmakingthebest's picture

Submitted by justmakingthebest on Thu, 10/15/2020 - 8:58am

I don't think we could use Covid as an excuse since we do have SS flying.

Yes it is! Hopefully he will follow through. 

tog redux's picture

Submitted by tog redux on Thu, 10/15/2020 - 9:06am

Yes, but flying for a visit is very different than flying for a 30-minute court appearance. And children are less likely to get seriously ill, as well.

I hope he does too. I hate how these women start complying right before court. 

Also, it's hard to just let DH deal with SS how he wants, but it's freeing once you get it down.

nengooseus's picture

Submitted by nengooseus on Thu, 10/15/2020 - 9:07am

The judge ay well be willing to have BM pay for the expenses incurred for travel--as well as legal expenses.  As I recall, he started to figure out BM's BS during the last go-round.

justmakingthebest's picture

Submitted by justmakingthebest on Thu, 10/15/2020 - 9:29am

Hopefully, and now that she is working and married we are hoping she will actually have to pay up.

Felicity0224's picture

Submitted by Felicity0224 on Thu, 10/15/2020 - 6:09pm

Wait... She got married? I must have totally missed that. I guess there really is someone out there for everyone...

I would hope that if you "win" the contempt hearing, the judge would order her to pay your travel AND attorneys fees. Though that doesn't solve the leave issue, which really sucks.

futurestepmomnowstepgf's picture

Submitted by futurestepmomno... on Fri, 10/16/2020 - 7:26am

Hopefully they will let you video conference in. Especially for all the money you have lost in the past going to court for nothing and BM never having to pay you back for the extra money wasted.

Ugh, tell me about it the military branches and leave can be extremely frustrating sometimes! They are getting Christmas this year for the marine corps, but if you are traveling more than 150 miles? I think the parameter is then you have to be back the 27th to check in and quarantine for 2 weeks so you are going back to work with the people who did not go further than that. So instead of 3 weeks, you get 1 if you go anywhere. Well you still get 3, but only 1 week of going out doing anything.

justmakingthebest's picture

Submitted by justmakingthebest on Fri, 10/16/2020 - 7:38am

My husband's ship splits it in to 3 Holiday sections you either get 10 days around Thanksgiving, Christmas or New Years. It is all luck of the draw. You never get Christmas 2 years in a row though. 

We don't think that people are going to be allowed to travel- right now it is "unclear". However, if we are being brought to court under a judge's orders, the command shouldn't deny it... I just hope we don't get screwed in other ways. 

futurestepmomnowstepgf's picture

Submitted by futurestepmomno... on Mon, 10/19/2020 - 6:02am

they cannot deny anything that is related to court or legal, so it shouldn't be denied since the court is saying he must be there.

Ah! That makes sense, I am sorry you don't get Christmas every year. Only reason bf does right now is because he is not in the fleet, he instead teaches training, so they are much more about giving time off for holidays, etc.