UPDATE: Court Obliteration: here's the CO (Right of First Refusal?)
Thanks again for all your responses. You are really helping us think this through. We have about 9 days until they cut the first chunk out of DH's check and we're already in the red zone financially.
Here is the EXACT WORDING of the CO. I'd really appreciate it if anyone could chime in to help us interpret this. If you don't have much time to read, please just read the RIGHT OF FIRST REFUSAL section and let me know what you think.
RIGHT OF FIRST REFUSAL/CHILD CARE AND EXPENSES
In the event the party exercising care and control over the minor children in unavailable to provide such care for a period of time of four (4) hours or more or anytime for an overnight period of time, then said party shall contact the other party and allow the other party the first right to provide the care for the minor children until the other party is able to do so.
Respondent shall provide child care on Monday, Wednesday, and Friday and he shall be responsible for any back up child care needed during these times. Respondent shall pick-up the minor children on these days at Petitioner's residence at 7:00AM and Petitioner shall pick-up the minor children on these days on or before 4:30PM (445 in BM time).
Alright, if these time periods are considered Right of First Refusal (which the judge previously argued), shouldn't he be able to refuse? How can he be ORDERED to take them for Right of First Refusal Time?
On the other hand, if these times are considered "child care" shouldn't he be able to charge her? How can they ask him to pay her for times that WE are taking care of the kids?
Additionally, the term "child care" comes basically out of nowhere in the CO. Can they actually order a FATHER to be a babysitter who pays BM for the time that he takes care of his own kids?
Note: these are the only custody terms that are defined in the document.
Petitioner is hereby awarded primary periods of responsibility ("physical custody") of the minor children subject to second periods of responsibility ("visitation") being awarded to Respondent (DH).
PS - we actually have to pick them up at 630AM because BM will not feed them, brush their teeth, pack SS5's lunch, or do his hair in the mornings. This wouldn't be a problem except that DH is the one who drops SS5 off at school, and therefore any signs of neglect would come back on DH rather than BM.