What is the name of your state?What is the name of your state? Washington
This is the short version of a long and complicated ongoing divorce saga. Divorce decree gives ex the standard visitation, every other weekend, summers and such. He never took anything but the every other weekend.
Two years ago I moved 3 and ½ hours away from him. I gave him proper notice, offered to negotiate the visitation to keep from interfering in his time with the children. He got pissed that we moved and cut them off. He would send an occasional email telling them they needed to come see him. They wrote at least once a month asking him to visit them, he always refused. He has gone 3 birthdays and 2 Christmases with no contact or gifts or phone calls. They have sent him gifts, cards and attempted to call but got no answer.
In Sept. he decided he was going to be a part of their lives again. He petitioned the courts for modification of visitation stating I was interfering with his rights as far as our youngest son is concerned. My attorney sent his attorney copies of emails the children had sent him asking him to visit and copies of emails I had sent. They dropped their petition. My attorney suggested that the ex visit his children’s therapist and work that way in trying to heal the damage that had been done.
He made one trip to the therapist and one trip to their schools and talks to the youngest child's teachers periodically. He has been to the town where they live on numerous occasions but has not attempted to see them. He is now demanding that they visit him for Thanksgiving and every other weekend and that I meet him half way. His children want nothing to do with him until he is willing to spend some time in therapy with them. They have told him that it is their wish to work through the problems and that they wish he would participate in therapy. He refuses.
Bottom line…he is making a lot of noise the last few days about me being in contempt of court and that it isn’t the youngest one’s decision whether he visits or not. The children are 13 and 20 (old enough to make his own decisions) by the way.
I wrote him and told him they were here and available to him any time he wanted to come to see them. Their therapist wrote him and told him he would work with him in trying to heal the relationship. He is sending threatening emails to me and the children. He tells them he doesn’t care what they want and they will do what he says to do. He actually told the youngest that if he felt bad and was mad that he better change his feelings. OUCH!!
My attorney is out of town and out of reach. My decision is to not force the youngest to visit him. I based that opinion on the fact that he has no court ordered document stating that I have to transport my children to see him and that he went nearly 2 years without enforcing the existing visitation order and by doing so put our children in emotional harm. My thinking is that he can take me to court for contempt and then explain to the judge why he has gone so long without attempting to see his children.
Morally I know I’m right. Forcing them to go somewhere that causes them this level of discomfort would be impossible for me as a mother….especially the youngest one. Legally I have no idea where I stand. I know that no one can tell me how a judge will react but I thought there might be those out there who have experienced similar situations. My question…since there has been no modification of the visitation order am I required to transport our youngest half way to meet him? Does the fact that I originally offered to meet him half way go against me since he chose not to negotiate that offer with me at the time that it was made? Why the hell do attorneys feel they deserve holiday vacations like us other normal folks, don’t they know they are to be at our beck and call?!?!?
This is the short version of a long and complicated ongoing divorce saga. Divorce decree gives ex the standard visitation, every other weekend, summers and such. He never took anything but the every other weekend.
Two years ago I moved 3 and ½ hours away from him. I gave him proper notice, offered to negotiate the visitation to keep from interfering in his time with the children. He got pissed that we moved and cut them off. He would send an occasional email telling them they needed to come see him. They wrote at least once a month asking him to visit them, he always refused. He has gone 3 birthdays and 2 Christmases with no contact or gifts or phone calls. They have sent him gifts, cards and attempted to call but got no answer.
In Sept. he decided he was going to be a part of their lives again. He petitioned the courts for modification of visitation stating I was interfering with his rights as far as our youngest son is concerned. My attorney sent his attorney copies of emails the children had sent him asking him to visit and copies of emails I had sent. They dropped their petition. My attorney suggested that the ex visit his children’s therapist and work that way in trying to heal the damage that had been done.
He made one trip to the therapist and one trip to their schools and talks to the youngest child's teachers periodically. He has been to the town where they live on numerous occasions but has not attempted to see them. He is now demanding that they visit him for Thanksgiving and every other weekend and that I meet him half way. His children want nothing to do with him until he is willing to spend some time in therapy with them. They have told him that it is their wish to work through the problems and that they wish he would participate in therapy. He refuses.
Bottom line…he is making a lot of noise the last few days about me being in contempt of court and that it isn’t the youngest one’s decision whether he visits or not. The children are 13 and 20 (old enough to make his own decisions) by the way.
I wrote him and told him they were here and available to him any time he wanted to come to see them. Their therapist wrote him and told him he would work with him in trying to heal the relationship. He is sending threatening emails to me and the children. He tells them he doesn’t care what they want and they will do what he says to do. He actually told the youngest that if he felt bad and was mad that he better change his feelings. OUCH!!
My attorney is out of town and out of reach. My decision is to not force the youngest to visit him. I based that opinion on the fact that he has no court ordered document stating that I have to transport my children to see him and that he went nearly 2 years without enforcing the existing visitation order and by doing so put our children in emotional harm. My thinking is that he can take me to court for contempt and then explain to the judge why he has gone so long without attempting to see his children.
Morally I know I’m right. Forcing them to go somewhere that causes them this level of discomfort would be impossible for me as a mother….especially the youngest one. Legally I have no idea where I stand. I know that no one can tell me how a judge will react but I thought there might be those out there who have experienced similar situations. My question…since there has been no modification of the visitation order am I required to transport our youngest half way to meet him? Does the fact that I originally offered to meet him half way go against me since he chose not to negotiate that offer with me at the time that it was made? Why the hell do attorneys feel they deserve holiday vacations like us other normal folks, don’t they know they are to be at our beck and call?!?!?