Contempt for not coming to an agreement?

[shechrissy]

What was transportation supposed to be? WORD FOR WORD. Because quite frankly he was entitled to every other weekend and he didn't have to call you BETWEEN times. So how was he supposed to get the children. Especially if you have a restraining order and he didn't have the street address?

There is nothing on transportation in the order. We had been exchanging the kids at my mother's house so that he would not violate the restraining order by being around me, but he hasn't been over there.

 

[2Mistakes]

According to the posted information, he is taking her to court for denying placement, not moving....so whether she informed him or not is irrelevant...and she stated she did inform him...which meets WI guidelines

While the move in and of itself may not be the reason he is taking her to court, it may still come into play.

Dad: Your Honor, she has denied me placement since October 2008.

OP: He hasn't tried to exercise placement since that time.

Judge: Dad, why have you not tried to exercise your placement time?

Dad: In September 2008, I received a written notice of her intent to relocate, but no new address was specified. That was the last I was informed of her move. I have gone to the old address to attempt to exercise my placement time, but she and the kids were nowhere to be found.

OP: I emailed him my new address within 2 weeks of moving in.

Judge: Dad, did she email you with her new address?

Dad: No, sir.

Judge: Mom, do you proof that he received and read your email?

Mom: No, sir.

And take it fromo there.

 

[Isis1]

There is nothing on transportation in the order. We had been exchanging the kids at my mother's house so that he would not violate the restraining order by being around me, but he hasn't been over there.

per 2mistakes dialogue....then i'm going to ask this, were the children there each and every weekend per the court order and dad didn't show up? or did you go a few times, he didn't show and you stopped going?

 

[shechrissy]

per 2mistakes dialogue....then i'm going to ask this, were the children there each and every weekend per the court order and dad didn't show up? or did you go a few times, he didn't show and you stopped going?

We live 4 blocks away from my mother. The children were not there, but could have easily been within 5 minutes of his arrival and request to see them.

 

[2Mistakes]

We live 4 blocks away from my mother. The children were not there, but could have easily been within 5 minutes of his arrival and request to see them.

Was your mom's house the COURT ORDERED pickup and dropoff point?

 

[Isis1]

We live 4 blocks away from my mother. The children were not there, but could have easily been within 5 minutes of his arrival and request to see them.

*sigh*. there is absolutely no reason why dad should have to ask at all for his court ordered visitation. he should be able to show up and the kids should come bouncing out to see daddy each and every time. no phone calls, no "can i see them today".

they should have been there. you are in contempt.

 

[Ohiogal]

His mother has been keeping in contact with me through email and phone the whole time, and she had asked to see the kids. He works with his parents, and they are very close. It's not like I've been hiding this information from him. Anyone can find the phone number I gave him in the phone book.

But it is NOT his mother's responsibility to do this. IT IS YOURS. And you are so fearful of him that you have a PUBLISHED PHONE NUMBER?

 

[Zephyr]

*sigh*. there is absolutely no reason why dad should have to ask at all for his court ordered visitation. he should be able to show up and the kids should come bouncing out to see daddy each and every time. no phone calls, no "can i see them today".

they should have been there. you are in contempt.

there's enough vagueness in the order that some sort of communication should have happened prior to visits- unless they had already been practicing a standard of every other weekend....I couldn't tell by her post if they were doing that or not

 

[shechrissy]

While the move in and of itself may not be the reason he is taking her to court, it may still come into play.

Dad: Your Honor, she has denied me placement since October 2008.

OP: He hasn't tried to exercise placement since that time.

Judge: Dad, why have you not tried to exercise your placement time?

Dad: In September 2008, I received a written notice of her intent to relocate, but no new address was specified. That was the last I was informed of her move. I have gone to the old address to attempt to exercise my placement time, but she and the kids were nowhere to be found.

OP: I emailed him my new address within 2 weeks of moving in.

Judge: Dad, did she email you with her new address?

Dad: No, sir.

Judge: Mom, do you proof that he received and read your email?

Mom: No, sir.

And take it fromo there.

If I wanted to see my children but their parent didn't have a phone, I would send my request in writing. As I previously stated, I have mail forwarding service.

 

[Ohiogal]

We live 4 blocks away from my mother. The children were not there, but could have easily been within 5 minutes of his arrival and request to see them.

That is NOT the point. He is not to request his time. YOU are to PROVIDE the children for his time. If they were not at your mother's house (if that was the court ordered drop off and pick up point) then you were not following the court order.

 

[Ohiogal]

If I wanted to see my children but their parent didn't have a phone, I would send my request in writing. As I previously stated, I have mail forwarding service.

YOU are missing the point. Dad has a contempt case against you. You have not provided the children for visitation every other weekend.

 

[shechrissy]

But it is NOT his mother's responsibility to do this. IT IS YOURS. And you are so fearful of him that you have a PUBLISHED PHONE NUMBER?

The phone number does not reveal my address.

 

[2Mistakes]

What. Is. The. Court. Ordered. Pickup. And. Dropoff. Spot??????

 

[2Mistakes]

The phone number does not reveal my address.

You'd be a amazed at what a simple phone number can reveal about you.

 

[wileybunch]

I wrote up our custody agreement. It reads "[Dad] will have placement at least every other weekend, as his work schedule allows, or upon the mutual agreement of the parties. Both parties understand that this may be reviewed upon further request."

OP, to your defense that since you all never agreed on WHERE the visitation would be, you're not in contempt, I say you're reading the CO you wrote up wrong.

The *OR* is if Dad's not able to have placement at least every other weekend. THEN it would be upon mutual agreement. If Dad can have them every other weekend, then that's the standing schedule. In fact, even if Dad CAN'T have them every other weekend, but agrees that's the schedule he still wants, that's the schedule he gets. If Dad doesn't want that schedule because his work schedule doesn't allow, then you are court-ordered to allow him, by agreement with you, to change the schedule.

OP, what is Dad's entire claim with regard to you being contempt? Please post it here.