Probably an easy question

[Neal1421]

What is the name of your state? TN

My fiance sent his ex a certified letter stating when he would be excersising his first 2 weeks of summer visitation at the end of April for the month of June. The court order states that he has to give her the 30 days notice, blah blah blah. Anyway, today he gets the letter back from the post office with a note stating that after 3 attempts, the letter was not retrieved.

He also sent another certified letter at the same time to the mother about the derrogatory comments that were made about him in the child's presence which is against the court order.

He isn't sure which letter wasn't recieved; however he knows that one of them was and since they were sent at the same time, she should have gotten the other one.

He isn't going to open the letter but he is going to try to send it again certified. Is there anything else he can do to ensure the proper delivery of the letter?

Also, if she gets the letter and says that she didn't have 30 days notice even though the letter gave her over 40 days notice had she picked it up the first time it was sent, would he be able to take her to court for contempt if he shows up on the date he said he would in the letter and she doesn't let him have her for the time he requested?

Thanks!

 

[moburkes]

I'd send 2 copies of the same letter. One certified like you did, and 1 sent regular mail. Also, next time he's sending 2 letters at the same time, put a marking on the envelope to identify it for if/when it comes back.

 

[seniorjudge]

Q: He isn't going to open the letter but he is going to try to send it again certified. Is there anything else he can do to ensure the proper delivery of the letter?

A: UPS or FedEx or one of those services.


Q: Also, if she gets the letter and says that she didn't have 30 days notice even though the letter gave her over 40 days notice had she picked it up the first time it was sent, would he be able to take her to court for contempt if he shows up on the date he said he would in the letter and she doesn't let him have her for the time he requested?

A: You can go back to court for anything. Proving your contentions is another question. This case sounds like a good one for mediation.

 

[Neal1421]

Thanks, I will relay both suggestions to him.

I just hope it doesn't turn into the same battle as last year over summer visitation.


https://forum.freeadvice.com/showthread.php?t=324337

The child's birthday is during the summer but since it is not in the court order as one of the holidays that are split, he hasn't been able to spend a birthday with the child since they broke up 4 years ago.

I have told him that he should have had it added to the court order but since her lawyers "won" last time, (apparently there is a 1 year SOL on contempt charges that his lawyers didn't know about so the contempt charges were thrown out) they were able to draft the order which didn't include it. So, he decided that this year he would try to excersise his summer visitation so that her birthday falls within the two weeks.

I guess we will just see what happens.