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Visitation Problems

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fustrated

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My husband and I have been married for more than 3 years, his ex-wife and him have a 10 year old daughter together. It has always been a fustrating situation with the relationship between my husband and his ex.
She never follows any of the court order rules, and we always are fustrated when it comes time for any visitation.
For instance, my question is at the christmas holdiays they alternate years, last year what should have her time, she asked if she could switch so the daughter could be in x-mas parade, well you guessed it, just like everything else she fails to remember. This year when it is our time she refuses to give us the child for the holiday, as specified in the court order. She says "We had her last year",and we Did, but only because of her change request.
Asked lawyer to write her a letter reminding her of court order dates, she has not responded to the letter, in fact she told my husband she never got any letter, which is what she always says.
We have asked the lawyer to resend certified, he agreed.
My question is what happens to her If we don't get our holiday visitation? How many times can she continuously get away with CONTEMPT?

[Edited by fustrated on 12-14-2000 at 03:28 PM]
 


MySonsMom

Senior Member
fustrated said:
My husband and I have been married for more than 3 years, his ex-wife and him have a 10 year old daughter together. It has always been a fustrating situation with the relationship between my husband and his ex.
She never follows any of the court order rules, and we always are fustrated when it comes time for any visitation.
For instance, my question is at the christmas holdiays they alternate years, last year what should have her time, she asked if she could switch so the daughter could be in x-mas parade, well you guessed it, just like everything else she fails to remember. This year when it is our time she refuses to give us the child for the holiday, as specified in the court order. She says "We had her last year",and we Did, but only because of her change request.
Asked lawyer to write her a letter reminding her of court order dates, she has not responded to the letter, in fact she told my husband she never got any letter, which is what she always says.
We have asked the lawyer to resend certified, he agreed.
My question is what happens to her If we don't get our holiday visitation? How many times can she continuously get away with CONTEMPT?

She will get away with it as long as you allow her to get away with it. By what you have wrote, it appears she is an uncooperative person, and cannot be trusted with "verbal agreements" that have been made between you parents. I suggest sticking directly to the court order, without and leniency to ensure that you get the time you are suppose to have with the child. Then, if she interferes you can take her to court and she could be charged with contempt. As long as you allow her to walk all over you guys, and make her own decisions regarding plans on her and your time; it will continue. Put your foot down, and don't make any verbal changes that she can retract on. Since you allowed the child to stay with the Mother last year for YOUR time, then she is in her rights to keep the child this year as her time per court order.

I would strongly suggest sticking directly to the court order, and don't do any verbal changes in the future...That is if you want to ensure that you have your time with the child. Good luck!
 

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