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Is this possible contempt?

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dad_of_one

Junior Member
What is the name of your state? Oregon

Hi everyone. I need some advice! So recently my ex(mom, and custodial parent) recently has been pulling this crap on me. In our court oder it states: That father(me, non-custodial parent) shall pick up the child from mother's residence no earlier then 30 minutes and not later than 30 minutes after the parenting time starts. I pick up our kid at 9am. In our court order it says the same thing for mom and mom is supposed to pick up our kid at 5pm. But recently mom has been coming over at 4:30 on the dot to get out kid.

I Don't know why. Maybe just to start stuff. I never had a problem with it but now she is making it a regular thing. Is there anything I can do about this? What if I don't let her pick up our kid till 5pm could I be held in contempt? I wouldn't care but if you add her doing this picking our kid up early for a whole year that would amount to me losing a lot of time with our kid which doesn't seem fair. I am supposed to pick up our kid at 9am so to compensate for the time loss I have been showing up at 8:30am.

This seems so immature and childish but I am at a loss for what to do and thought since everyone here gives pretty good advice I would check to see what you all have to say on the subject. Thanks peeps!:)
 


tigger22472

Senior Member
You would not be in contempt but if you refuse to release the child for that half hour it will cause a scene in front of the child. I would either release the child at 4:30 when she's there or not be home until 5pm.
 

ceara19

Senior Member
You're right. It's extremely immature and childish. Unfortunately, as tig has pointed out no one is violating the court order at this time. Is this the biggest problem you have with your ex? If so, you could TRY picking the child up 30 minutes early to make up for the time. If mom tries to be difficult about it, I would advise you to just let it go. If something this minor is causing a problem, there will most likely be many more to come and you should choose your battles wisely. Trust me, THIS is not the hill you want to die on.
 

Ohiogal

Queen Bee
tigger22472 said:
You would not be in contempt but if you refuse to release the child for that half hour it will cause a scene in front of the child. I would either release the child at 4:30 when she's there or not be home until 5pm.
Actually he probably would be in contempt because the court order gives them 30 minutes before and 30 minutes after the "start" of parenting time to pick up the child. Hence she could argue that she arrived and he delayed allowing her to have the child. And if he does it consistently then that is a major problem. Because he is aware that it gives that hour time period. The court would expect him to be home between that hour time period for mom to get the kid. Parents HAVE to follow the court order. If it says like he says it does that they can pick up the child anytime within an hour span, then that is what they can do.
It is petty and immature but apparently these two want something to argue about.
 

tigger22472

Senior Member
Ohiogal said:
Actually he probably would be in contempt because the court order gives them 30 minutes before and 30 minutes after the "start" of parenting time to pick up the child. Hence she could argue that she arrived and he delayed allowing her to have the child. And if he does it consistently then that is a major problem. Because he is aware that it gives that hour time period. The court would expect him to be home between that hour time period for mom to get the kid. Parents HAVE to follow the court order. If it says like he says it does that they can pick up the child anytime within an hour span, then that is what they can do.
It is petty and immature but apparently these two want something to argue about.

Your correct, I guess it would depend on the actual wording of the degree.
 

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