Contempt for not coming to an agreement?

[Zephyr]

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

Thank you!


and to add-

what placement arrangement had you been practicing prior to Oct?

 

[shechrissy]

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

I'm not missing the point, I've been asked a series of questions that I have been responding to.

Visitation... 1. every other weekend 2. as his work schedule allows OR 3. as we agree upon.

 

[shechrissy]

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

THERE. IS. NO. COURT. ORDERED. PICKUP. OR. DROP-OFF. SPOT**************..

We had been previously exchanging the children at my mother's house. He would call me to say if he would be there on a Friday or Saturday, and around what time he would be there.

We have been having to arrange the visit dates and times by phone, and had to confirm the morning of because in the past, I have brought the kids, and he never showed up because he was jailed for OWI.

 

[shechrissy]

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

It's not at my address. I don't have a home phone.

 

[Ohiogal]

I'm not missing the point, I've been asked a series of questions that I have been responding to.

Visitation... 1. every other weekend 2. as his work schedule allows OR 3. as we agree upon.

But if you haven't agreed then it is EVERY OTHER WEEKEND. End of story. You have not been dealing with that. As you agree is not a default position that can bail you out. And since you wrote it, it will be determined how dad reads it.

 

[wileybunch]

I'm not missing the point, I've been asked a series of questions that I have been responding to.

Visitation... 1. every other weekend 2. as his work schedule allows OR 3. as we agree upon.

Please see my previous post and please respond.
P.S. Those choices you listed are for DAD to choose from, not you.

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.

 

[shechrissy]

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.

So I am interpreting the order wrong. Thank you.

The affidavit reads...

[Dad] sworn under oath states as follows...

That the parties have been granted joint legal custody with the petitioner having primary physical placement and the respondent having placement "at least every other weekend, as his work schedule allows, or upon the mutual agreement of the parties." Attached as exhibit A.

That the petitioner has denied the respondent all placement with the minor children since October 6, 2008.

That the petitioner has refused to provide the respondent with an address where the children reside or with whom the petitioner leaves the children for day care."



For inquiring minds, the kids don't go to daycare.

 

[Isis1]

So I am interpreting the order wrong. Thank you.

The affidavit reads...

[Dad] sworn under oath states as follows...

That the parties have been granted joint legal custody with the petitioner having primary physical placement and the respondent having placement "at least every other weekend, as his work schedule allows, or upon the mutual agreement of the parties." Attached as exhibit A.

That the petitioner has denied the respondent all placement with the minor children since October 6, 2008.

That the petitioner has refused to provide the respondent with an address where the children reside or with whom the petitioner leaves the children for day care."



For inquiring minds, the kids don't go to daycare.

as was pointed out, dad has court ordered visitation at least every other weekend. the court is allowing changes to be made as parties agree to changes. (this is a window the court gives to encourage co-parenting) , looks like it didn't work.

you are court ordered to provide an address. you need to provide the address. a restraining order prohibits dad from BEING at the address while you are there. not from knowing about it

 

[shechrissy]

But if you haven't agreed then it is EVERY OTHER WEEKEND. End of story. You have not been dealing with that. As you agree is not a default position that can bail you out. And since you wrote it, it will be determined how dad reads it.

I understand, but the state uses a standard form for family or paternity cases, and those orders can read "placement is as agreed upon" without specifying anything else. How is it different, and why can that not be the default in this situation?

 

[shechrissy]

as was pointed out, dad has court ordered visitation at least every other weekend. the court is allowing changes to be made as parties agree to changes. (this is a window the court gives to encourage co-parenting) , looks like it didn't work.

you are court ordered to provide an address. you need to provide the address. a restraining order prohibits dad from BEING at the address while you are there. not from knowing about it

How am I court-ordered to provide my address? It's not anywhere in our court order. Would it be in the state statutes?

 

[truebluemd]

it says at least every other weekend. Did he voluntarily stop in October, or did he stop after you disagreed due to the location? If he voluntarily stopped for no reason, then I dont see contempt. If he stopped because you denied him because you didnt like the location, then there may be a big contempt here

 

[ProSeDadinMD]

It's not at my address. I don't have a home phone.

So, you gave Dad either 1)a phone # for a house you don't live in, or 2) a cellphone # which they don't publish in phonebooks.

Which is it?

 

[shechrissy]

it says at least every other weekend. Did he voluntarily stop in October, or did he stop after you disagreed due to the location? If he voluntarily stopped for no reason, then I dont see contempt. If he stopped because you denied him because you didnt like the location, then there may be a big contempt here

My interpretation is that he voluntarily stopped in October, and he hasn't contact us since. He had been seeing them at the same place under the same circumstances for a year, and then wanted the change. We couldn't agree on that, but that doesn't mean he couldn't resume seeing the kids the way he had been.

 

[shechrissy]

So, you gave Dad either 1)a phone # for a house you don't live in, or 2) a cellphone # which they don't publish in phonebooks.

Which is it?

That is completely irrelevant. He was given a phone number to contact me at. You don't live at work, do you? But you can be contacted there, right?

 

[shechrissy]

What is the name of your state (only U.S. law)? WISCONSIN

Can I request a continuance on the hearing and ask his attorney to answer questions and provide evidence, like a discovery?

Can I do this?