My fiance is the PCP; there is a court order in place concerning First Right of Refusal. He must travel for business next week, and he sent the ex an email offering First Right of Refusal. There is a court order in place stating the communication between them is to be in email format. On the First Right of Refusal, he stated the deadline to accept or decline the offer of today at 5 pm.

If I take care of the 11 yr old while my fiance is out of town next week, would the ex have any legal recourse against me? She's tried accusing me of custodial interference in the past for similar situations, and basically sets up a whole drama event. I've even went so far as to request police assistance to deliver the child to her to prevent her from coming after me legally. With no response from her, I am now lined up to be the care giver. I really don't have an issue with that, only the fact the ex is really a vindictive, hateful nut who totally goes off the deep end. I'd previously called the sheriff's department for guidance - my position legally, what could happen, could she come get her, could she demand I deliver her, etc. I spoke to two different deputies, and my fiance and I spoke to a third together - each had different suggestions and recommendations, which is why I ended up having the child delivered with police assistance. I have a valid trespass warning on the ex - she cannot come onto my property in any form or fashion. When this was issued, the deputy told her she's not to call my home, work, email me, or send letters - NO CONTACT.

So - if I keep the child next week, am I able to REFUSE to turn her over to the ex? If the ex comes to my home alone, can I have her arrested for violating the tresspass warning???? What if she brought a deputy - does that nullify the tresspass warning??? CAN she just show up at school and take the child even though she's not responded to the First Right of Refusal???? I've asked previously in circumstances where the ex actually declined, but wanted to check again in case anything were different with just ignoring the notification.
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The ex is the TEMPORARY Custodial Parent to the 17 yr old. Tonight, he was to pick up the 17 yr old for his court ordered visitation - neither the child or the ex would answer their cell phone or home phone. He arrived and found the ex's vehicle parked in front. He knocked on the door several times, tried calling several times, to no avail - there was utterly no response. He waited for almost 1.5 hours, left another voice mail for the ex requesting the 17 yr old call immediately. Tonight, the ex told the 11 yr old during their court ordered phone call the 17 yr old had slept all day because she'd given her pills, that she was sick. The ex said she'd given her MORE pills today, and the 17 yr old has slept all evening.

We suspect the ex and 17 yr old are off doing their own "thing". In the past, if there was ever an opportunity to prevent the child from being with my fiance, it's always been taken advantage of. The child's been diagnosed as severely affected by Parental Alienation Syndrome due to the ex's influence.

With the 17 yr old - this would definately be contempt on the part of the ex. Would custodial interference also apply, or is that for outside parties, not the parents? The Guardian Ad Litem has been informed. We've been totally unsuccessful trying to report such incidences to Dept of Children and Families - the Guardian had told them it was a Family Court matter and they needed to drop it, they were in the middle of their investigation (the ex tried speeding off with the then 10 yr old hanging out of the vehicle!). HOW can we possibly do anything to safeguard this girl?????? Munchoison By Proxy has been mentioned by two GAL's, as well as the court appointed psychologist for on-going, similar "illnesses". My fiance has requested copies of prescriptions and doctor's reports - which, given past history, will be totally ignored. Can anything be filed to FORCE the ex to provide actual proof of what the heck the problem is, and why it'd preclude having the girl comply with visitation???

My fiance will be meeting with attorney on Monday. I know he'd greatly appreciate knowing beforehand what should happen legally. We've had issue's with this attorney's response to events, and want to ensure everything that needs to be handled IS.

Any help, any suggestions would be greatly appreciated.

I would wait to see what the lawyer says, because I do not know personally with such a sensitive situation, the best course of action to take, expecially with a vendictive person. I would not want to put you in jeapordy, by acting like I know exactly what you should do in this situation. Do what you think she could not use against you, in court, that is all I can offer, sorry!! Please let me know what the attorney says.