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Ok I need some real advice.

Emerald's picture

Submitted by Emerald on Mon, 12/19/2011 - 6:57pm

Here's the deal, I touched briefly on what evil bitch did on thanksgiving, not wanting to take them to the airport. So we have tickets this time, the skids say they are excited to come on the 31st but what if evil bitch doesn't take them to the airport? What can we do, she agreed in the CO that when we pay for the travel she will take them to the airport.

My question is if she doesn't take them do we call the local police and fax them the CO to force her to take them? do we call our good friend and have them get the skids and take them? what is our course of action???

Comments

dreamingofhappiness's picture

Submitted by dreamingofhappiness on Mon, 12/19/2011 - 7:03pm

YES! You need to make sure your end of the CO is protected as well. DO NOT LET HER THINK SHE IS ABOVE THE LAW! SHE IS NOT. THERE ARE CONSEQUENCES FOR ACTIONS THAT VIOLATE A COURT ORDER!!!!

NCMilGal's picture

Submitted by NCMilGal on Mon, 12/19/2011 - 7:13pm

Unfortunately, all you can do (and the police will tell you this, as well) is twofold: File a Show Cause petition for denying visitation, with written proof of BM agreeing to it, and receipts for the airline tickets. File in small claims court for the cost of those tickets if her actions cause you to lose the money. (although a family court judge may award you the cost of the tickets)

We thought we might be facing that - I could have swore that BM wasn't going to let SD out from under her thumb after she got out of the mental hospital, but apparently the need to dump her "troubled teen" on DH was greater than her need for control. DH wanted to deduct the cost of the ticket from BM's CS, but as I told him, THAT IS ILLEGAL. CS and visitation are separate matters. He argues that CSE wouldn't come after him for $400, especially since he doesn't pay through them, but I disagree.

It sucks that BMs can do whatever the hell they please - the courts just slap them on the wrist, even if you have proof on your side.

Emerald's picture

Submitted by Emerald on Mon, 12/19/2011 - 7:36pm

If we get lucky and get the same judge as we had 6 years ago I think she would be screwed. The Judge didn't like he nor did she like the face she was keeping the kids from visitation then.
So basically we would need to take her back to court?

NCMilGal's picture

Submitted by NCMilGal on Mon, 12/19/2011 - 7:48pm

Pretty much, but you can't do it UNTIL she wastes your money and time - that's the part that really blows.

The Custody Order is just that - a COURT ORDER. It's not a criminal matter, so the cops won't touch it. (Assault, harassment, etc, those are criminal, so the cops will get involved with that) If she breaks the court order, she is subject to the penalties that the court will impose once you bring it to the court's attention.

If you have a favorable judge, then she should be ordered to pay back the money. Of course, the question is, will she pay it back? A lot of these piss-poor excuses for humanity (both male and female) won't. At that point, you take her back to court AGAIN. And AGAIN, every time she violates the order. Read some of Rags blogs for pointers on paddling someone with a CO.

Unlike arguing for custody, breaking a court order (especially when you have concrete proof) is pretty cut and dried, and you should be able to do it pro se, if you do your research.