Is this a Spring Break Slam-dunk?

[Inquiry123]

What is the name of your state? TX

I am going to ask my attorney to file contempt based on the events below. Any feedback for TX experiences? By the way, I am (FATHER).

Set-Up
The following language is standard for TX...My visitation order states:

"Except as otherwise explicitly provided in this Standard Protection Order, when (FATHER) resides more than 100 miles from the residence of the child, (FATHER) shall have the right to possession of the child as follows:"

"2. Spring Break in All Years -- Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation."

and...

"1. Surrender of Child by (MOTHER) -- (MOTHER) is ORDERED to surrender the child to (FATHER)...at the beginning of each period of (FATHER's) exclusive periods of possession at the residence of (MOTHER)."

Punch Line
I have an EXCELLENT visitation record. All parties were aware that Spring Break visitation was going to occur and children had been talking about it for weeks. MOTHER had already purchased return air transportation for the children. On the last day of school before Spring Break (Friday), I called MOTHER to confirm time of pick-up. Told her that I would pick-up the children at her residence the following day (Saturday) at 1:00 p.m. as the earliest flight I could take arrived in their state at 11:15 a.m. and the car rental/drive should put me at her residence at approx 1:00 p.m.

MOTHER insisted that order specifies that pick-up time must be 6:00 p.m. on Friday and if I did not pick-up at that specific time, she would be gone sightseeing with the children. I explained that my 'window' of exclusive possession was from FRI - SUN...and that I was not 'required' by the order at any specific time other than 'not earlier' than 6:00 p.m. on Friday.

Outcome
I arrived as indicated above...nobody home. Local police documented my presence and the fact that nobody was home. I called ex and was forced to pick-up children in a city 120 miles away from their residence.

Note
I've had multiple problems with visitation in the past so, for fun, I recorded the calls. I made a point to emphasize that I wanted to follow the order and that if MOTHER did not, I would take the matter to court and request that my att'y fees / additional transportation costs be reimbursed. MOTHER would not agree to leave the children at her parent's or grandparents home in the same town as her residence for my arrival. Later found out that MOTHER did not actually even leave town until less than 3 hours before I arrived.

Question
I'm ticked-off. More details in my favor...Anybody taking sides on what a TX judge would say?

 

[casa]

What is the name of your state? TX

I am going to ask my attorney to file contempt based on the events below. Any feedback for TX experiences? By the way, I am (FATHER).

Set-Up
The following language is standard for TX...My visitation order states:

"Except as otherwise explicitly provided in this Standard Protection Order, when (FATHER) resides more than 100 miles from the residence of the child, (FATHER) shall have the right to possession of the child as follows:"

"2. Spring Break in All Years -- Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation."

and...

"1. Surrender of Child by (MOTHER) -- (MOTHER) is ORDERED to surrender the child to (FATHER)...at the beginning of each period of (FATHER's) exclusive periods of possession at the residence of (MOTHER)."

Punch Line
I have an EXCELLENT visitation record. All parties were aware that Spring Break visitation was going to occur and children had been talking about it for weeks. MOTHER had already purchased return air transportation for the children. On the last day of school before Spring Break (Friday), I called MOTHER to confirm time of pick-up. Told her that I would pick-up the children at her residence the following day (Saturday) at 1:00 p.m. as the earliest flight I could take arrived in their state at 11:15 a.m. and the car rental/drive should put me at her residence at approx 1:00 p.m.

MOTHER insisted that order specifies that pick-up time must be 6:00 p.m. on Friday and if I did not pick-up at that specific time, she would be gone sightseeing with the children. I explained that my 'window' of exclusive possession was from FRI - SUN...and that I was not 'required' by the order at any specific time other than 'not earlier' than 6:00 p.m. on Friday.

Outcome
I arrived as indicated above...nobody home. Local police documented my presence and the fact that nobody was home. I called ex and was forced to pick-up children in a city 120 miles away from their residence.

Note
I've had multiple problems with visitation in the past so, for fun, I recorded the calls. I made a point to emphasize that I wanted to follow the order and that if MOTHER did not, I would take the matter to court and request that my att'y fees / additional transportation costs be reimbursed. MOTHER would not agree to leave the children at her parent's or grandparents home in the same town as her residence for my arrival. Later found out that MOTHER did not actually even leave town until less than 3 hours before I arrived.

Question
I'm ticked-off. More details in my favor...Anybody taking sides on what a TX judge would say?

The order states "at 6pm" which means you should have made plans to be at the house AT 6pm. If you cannot be there at that time, some judges will say you have the Right to have the child during any of that time frame...some will say you should have notified the mother in writing and got her consent (Depends on the judge) However, since you didn't show up at 6 the Mom can say you just didn't show so she went somewhere the next day...blah blah blah. It'll turn into a "he said, she said".

A judge would likely be irritated if you took this issue to court. You showed up at a time not dictated in court order and were upset Mom wasn't there. There's no contempt there that would be provable. *IMO* As far as taping the phone calls, I hope you searched TX law to make sure you are legally allowed to do so, or you may be in more trouble than it's worth.

On the Mother's end, she was being childish and obnoxious (which is unfortunately not a crime). Now you know she will play games if she's able - so stick to the order VERBATIM and then she won't have the pleasure.

 

[LdiJ]

What is the name of your state? TX

I am going to ask my attorney to file contempt based on the events below. Any feedback for TX experiences? By the way, I am (FATHER).

Set-Up
The following language is standard for TX...My visitation order states:

"Except as otherwise explicitly provided in this Standard Protection Order, when (FATHER) resides more than 100 miles from the residence of the child, (FATHER) shall have the right to possession of the child as follows:"

"2. Spring Break in All Years -- Every year, beginning at 6:00 p.m. on the day the child is dismissed from school for the school's spring vacation and ending at 6:00 p.m. on the day before school resumes after that vacation."

and...

"1. Surrender of Child by (MOTHER) -- (MOTHER) is ORDERED to surrender the child to (FATHER)...at the beginning of each period of (FATHER's) exclusive periods of possession at the residence of (MOTHER)."

Punch Line
I have an EXCELLENT visitation record. All parties were aware that Spring Break visitation was going to occur and children had been talking about it for weeks. MOTHER had already purchased return air transportation for the children. On the last day of school before Spring Break (Friday), I called MOTHER to confirm time of pick-up. Told her that I would pick-up the children at her residence the following day (Saturday) at 1:00 p.m. as the earliest flight I could take arrived in their state at 11:15 a.m. and the car rental/drive should put me at her residence at approx 1:00 p.m.

MOTHER insisted that order specifies that pick-up time must be 6:00 p.m. on Friday and if I did not pick-up at that specific time, she would be gone sightseeing with the children. I explained that my 'window' of exclusive possession was from FRI - SUN...and that I was not 'required' by the order at any specific time other than 'not earlier' than 6:00 p.m. on Friday.

Outcome
I arrived as indicated above...nobody home. Local police documented my presence and the fact that nobody was home. I called ex and was forced to pick-up children in a city 120 miles away from their residence.

Note
I've had multiple problems with visitation in the past so, for fun, I recorded the calls. I made a point to emphasize that I wanted to follow the order and that if MOTHER did not, I would take the matter to court and request that my att'y fees / additional transportation costs be reimbursed. MOTHER would not agree to leave the children at her parent's or grandparents home in the same town as her residence for my arrival. Later found out that MOTHER did not actually even leave town until less than 3 hours before I arrived.

Question
I'm ticked-off. More details in my favor...Anybody taking sides on what a TX judge would say?

I don't blame you for being ticked off. Unfortunately, the order is specific about pickup and drop off times....which means that mom may not get in trouble for the fact that you had to go elsewhere to pick up the kids since you were more or less a day late.

Judges usually don't expect custodial parents to "wait around" for long periods of time for the NCP to pick up the kids. Nor do they expect CPs to give up holiday time/events with extended family for that reason either. She still might get held in contempt but its possible that she won't as well. If you want the flexibility to pick up the kids when its convenient for you...then I suspect that you need to be prepared to pick them up wherever they happen to be at that time.

 

[Inquiry123]

Judges deal with this crap every day...

Thanks for the responses c / L.

Recording
Yes, both states are one-party consent regarding recording. Regardless, two of the recordings that would be presented are merely voicemail recordings left by MOTHER which imply consent by both parties to the recording. And the tone/phrases used in the recordings is priceless.

Right To Possession
I'm going to disagree with your points about the order having specific pick-up/drop-off times. However, there are specific times cited as to when either parent shall have superior "right to possession" of the children...beginning at 6PM...ending at 6PM, etc. So, if I were to just "show-up" at any time within my window of "right to possession", the children should be surrendered.

Now, I'd be the first to agree that if I were to just show-up without any kind of notice, it would be my problem if the kids were not home -- the court doesn't expect MOTHER to sit and wait 24/7 for me to appear. But, when visitation was expected and advance notice of date/time was given, I'd hope that the judges who see this BS everyday will uphold my reasonable "rights".

To add an illustration to my argument: MOTHER has provided an itinerary for return air transportation that departs at 8:00PM on the evening of her superior "right to possession"; I'm pretty sure that just because the flight doesn't leave EXACTLY at 6:00PM that the court would not suppose that therefore MOTHER had forfeited her "rights". And the order says nothing about me actually putting the children on the flight...I guess it would be OK for me to just point in the direction of the airport at 6:00PM and send 'em packin' the 20 miles.

Games
casa, you're right...I prefer to utilize 100% of my time...and almost always use every minute possible. However, this time a 6PM pick-up was impossible. I'm crossing my fingers that the court will give MOTHER yet another wake-up-call, and put her on notice -- cut-out the games!