Qustion about court ordered visitations.
What constitutes as COd visitations?
Okay some context here, it's COd that FDH has three phone visitations a week and as many supervised visitations as he can afford to have at his leisure.
Now, BM has denied every single visitation ever, in three years. The only Times we have seen the boys is when we have just showed up in her town and driven by her house. Which has been once. We planned to see them last Thursday, but that didn't happen ( read my blog).
There is a new law in place (well, will be in November) that states "if the CP is found to have knowingly denied or interfered with visitation three times, the court shall hold the CP in contempt and impose punishment according to state statutes title 21 section 566."
So....would phone visitations count also? I ask because BM has never contacted the supervised visitation facilitator, to ever set visitation up. So..I'm not sure how to word that on the motion to enforce? (We didn't have the money to file it last time this happened, so we felt with the new laws in place come November, we might as well wait)
Because the wording of the motion says something along the lines of "I was denied visitation this many times on these dates"
The only dates I have are the phone visitations she's missed because we can't "miss" a physical visitation that was never set up, you know?
Okay, can do that. We have a
Okay, can do that. We have a recording of her saying she's "called the facilitator back but got the wrong number" and we then gave her "the right number" for the third time. So going along that thought process, and with the facilitator' s statement that she has called BM five times, left messages and received no answer or call back, that should cover our ass?
Thanks Dtzy, you're a peach
Thanks Dtzy, you're a peach as always!
I would say that since the
I would say that since the calls and visitations are specifically ordered in the CO then both would qualify as contemptable elements since BM is activley denying them.
Get your ducks and documents in a row and have DH ready to nail BM's ass to the wall as soon as the law goes in to effect. In fact, file now and then file again each and every instance of denied telephone conversations and visitations from here on out. The key is the documentation for each and every element of the CO denied by BM on each and every occassion. Create a log, complie emails and texts, print then collate them, and have them ready to hand BM her ass in court each and every time she denies.
Eventually the Judge will get the picture, get tired of BM's bullshit and hand BM her own ass.
Deep breaths. This is not a battle it is a war that must be fought on the scale of the entire duration of the CO with each battle occurring every time BM deviates from the CO. This worked for us in protecting my SKid and our family from the toxic manipulations of the Skid's Sperm Clan. Our CO was in effect for 17+ years. After repeated pummelings and smacking them about the head and shoulders with the CO, supplemental county rules on custody/visitation/support, and state regulations we finally got the Sperm Clan under control and the last 7-8ish years of the CO were relatively drama free.
He is supposed to call DHS
He is supposed to call DHS and set up the visitation with the facilitator, which I explained in the previous posts on this thread.
FDH had full legal custody
FDH had full legal custody three years ago. It was written in the CO though, that BM had FROR. FDH'S dad became extremely ill and asked FDH to come and take care of the farm during harvest. FDH left the kids with BM and hopped the plane to Ohio. Not three weeks later BM ran to her lawyer and they filed for abandonment, and did an emergency ex parte hearing. No one told FDH about the hearing while he was out of town, and they gave BM full custody and FDH only supervised visitation.
That's the short version.