Hollow Victory, Feeling Down - would love some advice
I've had a few days now to sort of process what happened. I really think BM postponed signing the CO specifically so that FDH could not take FSS for summer. To FDH's knowledge, BM still has yet to sign it. Someone said that since it's a judge's order (not mediation or anything) that the judge can sign it in her stead. Is that something that FDH needs to file a motion for? Or is it automatic (like after a month, the judge just signs it in her place).
Also, how does FDH, once it's signed, go about enforcing it? I haven't gotten to read it, but from what he told me, he has to give BM 15 days notice with a certified letter of when he wants the summer visit to begin. BM pushed to force FDH to have to go to GA to pick up FSS for each visit, but the judge told her that there is no reason FSS cannot fly on a plane by himself as an unaccompanied minor. I don't know, though, whether or not that wording made it into the CO. So, if FDH buys FSS a plane ticket (after sending her the certified letter), and BM refuses to put FSS on the plane, then what? Does he file a contempt motion?
Also, is all this a continuation of the same case? FDH has already retained a new lawyer (he didn't feel the one he had was really working for him) and is prepared to continue the fight. I'm just wondering, at what point isn't it a fight anymore? At what point does BM stop trying to manipulate the court system? After she's put in jail? Will she be put in jail? Or is the CO something she can just dismiss forever with no consequences? In which case, why even fight anymore?
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Comments
The new attorney should be
The new attorney should be able to find out the status of your new orders. I know I wasn't even given the opportunity to sign my new orders and they are set in stone with the judge's signature. Granted in my case, I was fairly happy with my results so i didn't complain about not signing them myself.
If After the issue of her signing the orders is settled and she still continues to cause problems ( and we all know she probably will) if he ends up missing his summer vacation, even 1 day, then file contempt, ask for makeup time, for her to re-emburse SO for any unused tickets he bought, travel expenses for him to go get the child (plane tickets, meals, hotel, all of it), and your attorney fees.
It sometimes takes the other parent getting slapped by a judge a time or two to straighten them out. Granted some never learn, but there are some who do. Keep records and copies of all CRR letters sent, any that come back unaccepted keep and do NOT open, all proof you tried to make contaact and set dates. Good luck.
I don't have the answers to
I don't have the answers to the questions you asked, but I just wanted to say good luck and I hope things work out for you soon.
ConfusedStep, thanks. FDH and
ConfusedStep, thanks. FDH and I seem to need all the luck we can get.
Ex4life,
In the state their CO is in, the individuals are supposed to sign it. FDH was told to come back to the court house the next day after the hearing to sign it. BM was, too, but didn't show. FDH is already out one plane ticket. I'm not sure if it will count, tough, because I'm not sure if it went into effect after the judge ruled or if it technically doesn't go into effect until all parties have signed (or, in our case, until the judge has to sign *for* BM as she obviously isn't going to). It's just so frustrating; FDH has been fighting this since I met him almost two years ago. He *finally* got some CO'd custody, and we were really excited to finally have visitation with FSS, but now it looks like it's not gonna happen this year. I don't know how long it takes to get a court date for contempt, but if it's anything like it was trying to get a date for modification, we're looking at year+. Which sucks even more b/c FDH is *also* supposed to get FSS for Christmas. Jesus, I really hate that woman!