My ex- frequently takes the children from my home or school, makes appointments for the doctor, etc. when the children are in my custody. She does this without contacting me in any manner. Each incidence is non-emergency and routine and thus there is no good reason for her to not contact me and either have me make my own arrangements (in the case of a doctor's appointment) or to seek my approval.
I have reminded her each time that this is in violation of the custody agreement and that I am responsible for the health and welfare of the children when I have custody and she is interfering with my custody and authority as a parent.
Does anyone know what recourse there is when one parent (in a joint custody agreement) frequently violates the custody agreement by taking the children without contacting the custodial parent. I have asserted my position to her on this verbally and by email, but she continues to do this both subtelly and flagrantly despite her apologies (insincere in my view). I've written now to her lawyer who she still retains pending other issues not having to do with custody in the hopes they will ask her to 'behave'. What else is there?
xena
07-17-2006, 11:49 AM
My ex- frequently takes the children from my home or school, makes appointments for the doctor, etc. when the children are in my custody. She does this without contacting me in any manner. Each incidence is non-emergency and routine and thus there is no good reason for her to not contact me and either have me make my own arrangements (in the case of a doctor's appointment) or to seek my approval.
I have reminded her each time that this is in violation of the custody agreement and that I am responsible for the health and welfare of the children when I have custody and she is interfering with my custody and authority as a parent.
Does anyone know what recourse there is when one parent (in a joint custody agreement) frequently violates the custody agreement by taking the children without contacting the custodial parent. I have asserted my position to her on this verbally and by email, but she continues to do this both subtelly and flagrantly despite her apologies (insincere in my view). I've written now to her lawyer who she still retains pending other issues not having to do with custody in the hopes they will ask her to 'behave'. What else is there?
File for contempt.
akbuyer
07-17-2006, 11:55 AM
Duh, I should have thought of that one....Thank you. I will, but will wait until her lawyer has digested the letter and I'll wait to see if there is any improvement. These are all, with the exception of two incidents in two years, minor, but given the frequency and taken together are disruptive and show a disregard for the court order and the situation.
mommyof4
07-17-2006, 01:46 PM
Xena is right...file for contempt. In the meantime, why don't you just disregard any "appointments" made during your parenting time? If your child needs to go to the doctor, then take her (or whatever). The mother making appointments in no way obligates YOU to keep them. She will have no grounds to file contempt against you because she knows she shouldn't be doing it anyway. Just my own .02.
akbuyer
07-18-2006, 12:11 PM
Technical question on this. If filing contempt, do I continue to list my ex as the plaintiff as she is in the original divorce filing. The motion would be associated with the divorce civil case though I, as defendant in the original case, would be filing the motion.
xena
07-18-2006, 04:09 PM
Technical question on this. If filing contempt, do I continue to list my ex as the plaintiff as she is in the original divorce filing. The motion would be associated with the divorce civil case though I, as defendant in the original case, would be filing the motion.
Yes, the "plaintiff" and "defendant" remain the same throughout the life of the order. Usually what's done is that motions and petitions are titled as to who is actually filing, example:
"Defendant's Motion For Civil Contempt"
jlynne94
08-28-2006, 02:14 PM
what about when the custodial parent refuses to provide appropriate healthcare, such as dental and vision visits? someone has to do it
mommyof4
08-28-2006, 02:45 PM
what about when the custodial parent refuses to provide appropriate healthcare, such as dental and vision visits? someone has to do it
Then the custodial parent can make the appointments during times other than court ordered visitation for the NCP. Pretty simple.
stuckinamuck
08-28-2006, 05:43 PM
what about when the custodial parent refuses to provide appropriate healthcare, such as dental and vision visits? someone has to do it
If the custodial parent does not get the child proper medical treatment then someone should call child protective services. (I don't think this is the case with the original poster)
If the non-custodial parent thinks it is an issue, then the ncp could take them to the doctor when they have thier children in thier care ie during thier visits.(BUT only if they have the right to make medical decisions for thier child- like in joint custody situations). IF it is an ongoing issue of neglect, go to court to have the custody agreement changed but have your documentation ready!
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