spritom wrote:Sorry to hear....unexpectedly too. My dad's going into some routine surgery tomorrow morning, so some of those thoughts are shared.
Filing an emergency motion is typically the way to get in front of a judge fast...but even then, their idea of "emergency-timing" is a few weeks and not a few days.
It's an extreme situation. Even with the big NJ's (and yours can be put up there with most anybody...and including that she just bailed on a verbal side-deal not long ago), I'd still ask her for a side-deal trade.
Make an offer for an exchange of time and also set it up so that NJ wouldn't be out any money or extra travel time. Basically make it a sweet deal for her. After all, the part you're wanting is this special time with your child, not necessarily a to-the-minute-even-trade thing.
If you can, make the offer in a recordable format, such as an email. The idea is two-fold:
* make nicey-nicey for the good of the children "let's work together"
* make it so that if she says no (which she is within her rights to do), that it will totally make her look like the lowest of the low...denying her own child to pay last respects. I'm not sure if her CO can get wind of this.
Last...don't beat your self up too far on this. If she says no, then try to regroup and use her refusal as exhibit #4526 later.
My atty emailed her atty about it. I told her to hold off until later today with her motion. She's requesting a motion for a phone conference with the judge. She thinks she can get in it before Friday due to circumstances.
Problem is I have to offer to pay something, like the cost of fixing her plane tickets. I know with a judges orders she'll be vindictive and find the highest cost alternative. I don't want to get slapped with it, I financially can't do that, making a trip to California and back, with no one regulating making sure shes trying to get the best deal and to be fair. I think paying to fix it would be fair in normal circumstances. But the ex already owes me 2600 for a bill, and in Apr at our final hearing worst case scenario for me, she'll still be overpaid CS in the amount of 3600. She knows this already. But she's not much on favors or fairness. I told my atty, worst case we bring it in front of the judge in April to show how cruel she can be.