He kept our baby!

[starabby]

Michigan.....Our court order states that he gets her "Each holiday as defined in the 2001 Friend of the Court Parenting Guidelines from 8:00am to 3:00pm.
The order was also explained to him in a letter from the Friend Of The Court referree that made the recommendation.
He picked her up on Christmas and the day after Christmas from 8:00am and brought her back at 3:00pm. Now today he picked her up and didnt bring her back. I called him and he informed me he wasnt bringing her back until Jan 2. I told him he was violating the order and he said he had a letter from his attorney saying he can keep her until the 2nd of Jan. I called my attorney and he said to call the police. I did and they looked at the order and said they would go talk to him. When they got there. He showed them his letter from his attorney and the police came back and said they can not take the baby from a home unless the baby is in danger. And she looked fine, and for me to contact the Friend Of Court. My attorney called his attorney and his attorney said they are interpeting the order without the 8-3 clause. How can they just ignore that. It is in the order. Signed by a judge. My attorney is going to talk to the Friend Of Court tomarrow morning and try to get a emergency hearing in front of a judge. Does anyone know what might happen at this hearing and what are the chances of getting a emergency hearing done this quickly. I was not trying to keep her from him...he had her everyday from 8 am to 3 pm. What happens when he ignores a court order?
Thank you for any help.

 

[snostar]

It will all depend on the Judge's interpretaion of the order, and the Judge will likely rely heavily on the Friend of the Courts interpretation.

Does the 2001 Friend of the Court Parenting Guideline defined Dec 26th, Dec 27th, or school vacation days as holidays?

 

[nextwife]

I wondered that as well, that the parenting guidelines, in many states, may provide the "winter break" days as the standard visitation time.

 

[starabby]

The guidlines state that the holiday is defined as the last day of school at 6:00pm until Christmas Eve at 9:00pm for the mother in even years and from Christmas Eve until the day before school starts for the father on even years. If the child is not in school yet then it goes by the district that the child lives in. But then the order says for his parenting time from 8:00am to 3:00pm. And the person that made the recommendation said that is how she ment it to be. No overnights and normal visitation resumes the day before school goes back. Which is Mon through Fri from 4-8 and everyother weekend and overnight on wed. Thank you for any information.

 

[snostar]

So the order used the days outlined by the guidelines, but altered the times. Now it seems pretty straight forward. Yes, he is in violation of the order and his attorney is completely wrong for interpreting the order without the 8-3 clause. Police do not get involved in these types of civil matters, so that is not surprising. An emergency hearing can happen the same day, next day, or less quickly depending on the court. You can also file contempt for the violation, but it usually requires many violations of an order for a judge to actually rule in contempt and produce consequences. Good luck, and let us know what happens.

 

[rmet4nzkx]

I beg to differ, it is not straight forward and you need to print out exactly was is ordered, not just your interpretation of it. However, it does appear that he is not in violation as according to what it says that in even years such as 2004 "from Christmas Eve until the day before school starts for the father on even years. If the child is not in school yet then it goes by the district that the child lives in." but the actual holiday Christams day 12-25-4 "Each holiday as defined in the 2001 Friend of the Court Parenting Guidelines from 8:00am to 3:00pm." is the only portion of that time restricted to the 8am to 3pm, that allows both parents some time with the child on the holiday and you actually got more time than allowed. The 8am-3pm was not for the entire holiday visitation So actually Sunday 12-26-4 on, was father's time. It is not as though overnights have not been allowed because you already state that he already gets Wednesday overnights and weekends in his regular visitation, you are interpreting this to further restrict his visitation rather than allow the uninterrupted time allowed in the order.

 

[stealth2]

See, the way I interpret it is that a single holiday DAY is from 8-3, not that an extended holiday (as Christmas often is, with parenting time from start of school break to end of school break, split between the parents) is to mean no overnights and visitation every day from 8-3. I am certain the FOC Guidelines referenced do not restrict NCPs to no overnights during extended visitation. I suspect that's how his attorney is also interpreting it. It's going to be up to the judge to decide which is the correct interpretation.

And what exactly is wrong with Dad having the child overnight? How old is she?

 

[starabby]

The baby is 7 months old and has been with me since she was born. I do not object to limited overnights. I do object to 7 days and nights without her mom. I did print the order as it was written. The interpetation was printed out by the referree that recommended the visitation. And it stated no overnights through through the holidays. This is the interpetation of the order as printed out by the referree that recommended this visitation schedule.

Please Advise your client of the parenting time for the holidays. Per the Order holidays are to be followed by Friend of the Court guidelines with the exception that father has 8am to 3pm (instead of overnights)for his holiday parenting time, which will commence on Christmas Day. Mother is to have from 6pm on the last day school (if the child is not of school age then the district in which the child resides will be followed) until Christmas eve at 9pm. Therefore, plese advise your client that on Friday, December 17, 2004 he will have ____ from 4pm to 6pm and not again until Saturday, Deceber 25, 2004 commencing his 8am to 3pm holiday parenting time

The regular parenting time schedule will then commence the week of Jan 3, 2005.

This is the letter that was sent to him and his attorney and me.
The actual order is worded:
Each holiday as defined in the 2001 Friend of the Court Parenting Guidelines from 8:00am until 3:00pm.

The only thing I left out was the name of our county.

The Guidelines state for the Even numbered years:
Mothers's Christmas parenting time will be from 6pm on the last day of school where the child attends until 9pm on Dec 24. Fathers Christmas parenting time will be from 9pm on December 24th until 6 pm the day before school resumes. Thereafter, the normal parenting time schedule will resume.
If the child is not of school age, the school vacaation schedule of the district where the child resides will be followed.

I hope this is all the information you might need to help me get this figured out. I have done everything I am told to do and have given him her when I am supposed to. I dont appreciate him following the order for two days then picking her up yesterday and not calling me or returning her.

 

[BelizeBreeze]

The guidlines state that the holiday is defined as the last day of school at 6:00pm until Christmas Eve at 9:00pm for the mother in even years and from Christmas Eve until the day before school starts for the father on even years.

That is NOT what the 2001 guidelines state. So, I suggest you re-read them.

 

[snostar]

I focused on the keyword, "Each." Regardless of how either attorney interprets the order, the Friend of the Courts intentions when wording the order will likely weigh the most in the judges eyes.

 

[stealth2]

His lawyer is going to argue (and I think correctly) that the FoC's "interpretation" is not what is court-ordered and therefore his client was not bound by it. It will be up to the judge to rule on which interpretation is correct.

Again - why can DAD not have extended visitation with his child? How do you expect her to develop a bond with her Dad if he doesn't have the opportunity to do some of the routine child-rearing duties on a more than limited basis? You know - baths, bedtimes, nighttime wakings, breakfast? Believe it or not - most Dads are actually capable of doing all that.

 

[BelizeBreeze]

You know - baths, bedtimes, nighttime wakings, breakfast? Believe it or not - most Dads are actually capable of doing all that.

OH NO!!!! If that were true then the moral fiber of this Nation would crumble....EEEEE GADS!!!!!!!!!

 

[snostar]

His lawyer is going to argue (and I think correctly) that the FoC's "interpretation" is not what is court-ordered and therefore his client was not bound by it. It will be up to the judge to rule on which interpretation is correct.

Again - why can DAD not have extended visitation with his child? How do you expect her to develop a bond with her Dad if he doesn't have the opportunity to do some of the routine child-rearing duties on a more than limited basis? You know - baths, bedtimes, nighttime wakings, breakfast? Believe it or not - most Dads are actually capable of doing all that.

And a feasible argument he may have. Each and everytime there was a contradiction in an order in my case - (this happened numerous times) the judge sided with the Law Guardians intent.

C'mon Stealth, you know I am all for NCP's getting as much time as possible with their children, or was that directed at the OP?

BB - tell us what the 2001 guidelines state, or I'll have 2 words for you...NO LEGS!

 

[BelizeBreeze]

• Every other weekend, from Friday night at 6:00 p.m. until Sunday night at 6:00 p.m.
• Midweek parenting from immediately after work and/or school until 8:00 p.m., each and every week, except those weeks that are designated to the other parent.
• Every other spring vacation, with the mother having even numbered years, and the father having odd numbered years. This parenting time shall commence at 6:00 p.m. on the last day of vacation, and end at 6:00 p.m. on the last day prior to the Child's commencement of school.
• All Holidays shall be from 9:00 a.m. until 8:00 p.m. except for Halloween and the child's birthday, which should be 9:00 a.m. until 9:00 p.m. when Halloween or the child's birthday falls on a weekend day (Saturday or Sunday) or during summer vacation. When Halloween or the child's birthday falls on a weekday (Monday - Friday), the parties will have the minor children from immediately after work and/or school, until 8:00 p.m.
• When a Holiday (other than Halloween and the child's birthday) falls on a Friday or a Monday, the parent who is scheduled to have that Holiday shall be entitled to the entire three day weekend with the minor child or children. The Thanksgiving Holiday will always be a four day weekend from Thursday through Sunday.
• Mother's day shall be afforded to the mother, each and every year, between the hours of 8:00 a.m. and 9:00 p.m.
• Father's day shall be afforded to the father, each and every year, between the hours of 9:00 a.m. and 8:00 p.m.
• Four weeks of summer vacation, to be taken in two, two week blocks.
• Any other times that might be mutually agreeable between the parties.
• Every other Holiday to include: New Year's Day*; Easter**; Memorial Day*; Fourth of July**; Labor Day*; Thanksgiving Day**; Halloween*; Christmas Eve*; Christmas Day**; and Child's Birthday.**

 

[nextwife]

OH NO!!!! If that were true then the moral fiber of this Nation would crumble....EEEEE GADS!!!!!!!!!

Honestly! Where do all these Victorians come from anyway? I thought we were DECADES past those stereotypes.

Yes, male parents can do everything, with the exception of breastfeeding (and they are perfectly capable of feeding via a bottle), that female parents can do. And, as Stealth points out, it is IMPORTANT for them to do all this - NOT just mom!