difference of interpretations - your input?

[angeleyzad]

Well...logically they aren't entirely wrong. In the general scheme of things a swap might not have to take place in order for there to be an adjustment. An adjustment might happen naturally due to holidays.

However, if your having the weekend of the 9th without another swap just continues the same schedule that was in place before, then no adjustment would happen, and their logic is faulty.

Right, but, we don't adjust our schedules after holidays, the holiday's trump whoever's weekend it is. So, I may end up with 3 weekends in a row, and he may end up with 3 weekends in a row. (edit to add: This will only happen on the 2 holidays that are specified for us as weekends - Memorial and Labor. All other holidays are 1 day, so either I loose a day of my weekend, or he looses a day of his weekend.)

In order for the adjustsment in the weekend schedule to take place, there has to be a swap somewhere...the judge had said the three specific times that it happens.

 

[angeleyzad]

Court is today

Well, I go to court today on teh ocontempt he filed...we'll see what happens, how he defends the fact that he never even attempted to come and pick up the kids on the weekend that he says was his, and how he has continued with the correct schedule that he was saying was not correct when this mess started. I'm hoping that his demented thoughts do not make the judge question what he (the judge) had ordered at our modification back in December.

(Yes, I say demented thoughts, as he's under the impression that it is my fault that he had to move so far away from the kids, and that it's my fault that he had to take a job 4 hours away from them, and it's my fault that he wasn't able to finish his paramedic school - of which I didn't even know about him not finishing it)

(Do you think he's playing with a full deck? He also threatened to me one of the only times he talked to me over the phone - actually fought with me - that he'd keep taking me back to court, he'd always win, and I'd have to pay his lawyer fees, until we - my husband and I - lost all our money and were broke)

 

[angeleyzad]

Results>>>>

Well, I had court on Friday, one thing was that it wasn't our regular judge. So, he did not know the background, which was good for my ex.

Anyway, this judge said that he could see how my ex was interpreting the order, based on what was written. He also said that he could see how I was interpreting the order, based on what I told him of the history and what our regular judge had said, basing what was written on what the history was. He said that he had to go with my ex's interpretation, based soley on what was in the order and not looking at the history.

However, he could not find me in contempt, he said that he could not see without a reasonable doubt that I maliciously disregarded the court order, I was only following my interepretation, and it was a valid interpretation. So that's good.

When asked what relief my ex was seeking, the only thing they (he had a lawyer, I didn't) asked for was lawyer fees. The judge denied it, since I was not in contempt.

Of course now, I get an e-mail from him, he wants to change the schedule back, saying that we weren't supposed to change the schedule in the first place since this judge agreed with his interpretation. My stance...no relief was ordered. If he was looking to have the schedule change back now, it should have been asked for in court. Our next adjustment period is after summer, which, if we had used my interpretation, the kids would have been on his schedule. Now, with his interpretation, the kids are not on his schedule. I also have events planned for my weekends already, a birthday party and going to a baseball game with the cub scouts group.

He's pissed now, because he won't have the kids on his step-daughter's schedule until either January or April (it all depends on how the Christmas and April vacations end). Which is his doing, since we have to use his interpretation. Also, instead of going 2 weekends after Summer without seeing the boys, he'll go 3 weekends. (he forfits his weekend for my labor day holiday).

As you can see, right now, I have no sympathy for him. After him threatening me over the phone to keep taking me back to court, and keep having me pay his lawyer fees until I'm broke and loose everything, I think I have a right.

 

[Ohiogal]

you think you have a right? Okay how about a reality check about what is important -- you two adults act like children and who pays for it? Oh yeah -- the kids. Nice work. Quite frankly the TWO of you need to GROW UP and start putting the kids first rather than your own sense of importance and winning.

 

[angeleyzad]

you think you have a right? Okay how about a reality check about what is important -- you two adults act like children and who pays for it? Oh yeah -- the kids. Nice work. Quite frankly the TWO of you need to GROW UP and start putting the kids first rather than your own sense of importance and winning.

The right that I was talking about was not having sympathy for him and his tantrum in court, not anything to do with the kids and their rights to both parents.

This thread had been locked, so I'm going to re-lock it.