Court Order Rules first Right?

[Pearl72]

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

Last week i had a minor flare up with my bipolar disorder, but wasn't hospitilized. I did ask daughter's Father to keep her this past weekend just to be on the safe side, which he obviously was happy to do. Now he has made plans to take her out of state this next weekend, without letting me know - I only found out because daughter was upset that she wasn't coming to see me this upcoming weekend either. I asked her why she thought that, and she said that her dad said she was going out of state with him and his wife. I stated to daughters father that i get weekends, and he said im not "safe and appropriate" to be around our daughter, and until a court lets me see her again, he's not letting her come with me. I have tried to contact the GAL and get her thoughts, she was aware of the situation, and about daughter's father keeping her this past weekend. The court order still stands correct? I should be allowed access to my daughter this weekend? There is no court order banning me from suspending my parenting time, and as far as i know, he hasn't gone and filed anything. Just wondered If i just stay firm and tell her father that he has to be at the meeting place friday, or risk being in contempt of court? Thanks.

 

[Isis1]

Pearl, sweetie...why are you telling dad ANYTHING about your ups and downs of your disorder?? Why!?? If you are in a situation, just let dad know you can't make it.

Have your meds been adjusted?

 

[Pearl72]

I wasn't going to lie to him, but i see your point, and the GAL knew about it as well. I wasn't going to lie to her either. The GAL didn't think he would be like this, however we were both wrong.
No, my meds were not being adjusted. Just started a new therapy to help me deal with some of my issues, and one of the sessions didn't go so well, and just needed a few days to deal and get back on track.
Although my therapist and the GAL are trying to get the courts to get Dad and wife out of the picture per say since they are part of the issues i'm having. Basically tryin to be able to pick up daughter from school instead of having to meet them somewhere - and then not have to deal with them directly, other than email's and phone calls. Basically due to the harrasement started up again, not only with Dad and Mom but other people as well now they have involved.

 

[mistoffolees]

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

Last week i had a minor flare up with my bipolar disorder, but wasn't hospitilized. I did ask daughter's Father to keep her this past weekend just to be on the safe side, which he obviously was happy to do. Now he has made plans to take her out of state this next weekend, without letting me know - I only found out because daughter was upset that she wasn't coming to see me this upcoming weekend either. I asked her why she thought that, and she said that her dad said she was going out of state with him and his wife. I stated to daughters father that i get weekends, and he said im not "safe and appropriate" to be around our daughter, and until a court lets me see her again, he's not letting her come with me. I have tried to contact the GAL and get her thoughts, she was aware of the situation, and about daughter's father keeping her this past weekend. The court order still stands correct? I should be allowed access to my daughter this weekend? There is no court order banning me from suspending my parenting time, and as far as i know, he hasn't gone and filed anything. Just wondered If i just stay firm and tell her father that he has to be at the meeting place friday, or risk being in contempt of court? Thanks.

Here's the way it works.

You have a court order. You and your ex must follow the court order.

If you voluntarily agree to let him have extra time as you did, there's no infraction.

That does NOT give him the right to change the order in the future. He must return the child to you, per your existing court order.

Now, he could still refuse and you'd have to take him to court. In court, he could say that he had concerns about your stability based on last weekend. The problem is that he has no evidence that you're unstable and would probably not prevail. At the same time, many judges are hesitant to punish someone for something like this if they have a reason to believe the other place is unsafe (even if the reason falls under greater scrutiny). So you might simply get an order that he has to let the child go back with you.

What I would do is tell him that you're fine and if the child is not there, you're going to immediately file for contempt and that you will be asking for makeup time AND for him to pay your legal expenses.

If he doesn't return the child this weekend, follow through on the threat. At WORST, you should get the child back (unless you left something out and he really can prove a risk of harm to the child). At best, he'll pay any expenses you have and get a reprimand from the judge.