Exchange of Child - Post Divorce

Parental Alienation Syndrome, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Re: Exchange of Child - Post Divorce

Postby tn_dad1 » Tue May 29, 2012 3:26 pm

Letters does not help..and my lawyer says that contemt does not work as judge is not going to put her in jail as she will say that she is a mother and not comfortable to give her child to someone else...
Is there is any justice..does not even want to give any make up parenting time as well..
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Re: Exchange of Child - Post Divorce

Postby Fatheroffour » Tue May 29, 2012 6:10 pm

Your attorney is a quitter.

It's not about putting her in jail. It's about having the judge wag his finger at her and telling her not to do it again and having her obligated with all the fees it took to get the issue before the court since she is the one not abiding by the order. It's also about any other remedy the court sees fit to impose, such as make up time, additional time or a modification of the order altogether to prevent such things from happening again in the future. It's about making her feel the effects of her obstructionism.

It's a battle of wills and resources and I'm not wholly unsympathetic to her position. If my own kids mom called me one day and said "some guy" is coming to pick up the kids I can't say I would be thrilled to just send them off with whoever showed up. However, if this is a fight you are intent on winning I believe the law is on your side and you could eventually squeeze her into compliance.
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Re: Exchange of Child - Post Divorce

Postby Fatheroffour » Tue May 29, 2012 9:51 pm

Just out of curiosity, who is it that you're sending to pick up the child?

It could possibly make a difference whether it's grandma, your girlfriend or your lifelong buddy from high school.
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Re: Exchange of Child - Post Divorce

Postby TransAm » Tue May 29, 2012 10:03 pm

Just to throw a wrench into the mix.

What if the receiving person didn't have their car inspected, or, the receiving person didn't have in their vehicle a booster seat for a child that is required to have one because of age?

Is that justification for turning around and going back home, or would this come off as being petty?

I had to deal with this once. On Christmas day two years ago, I meet NJ at a mcdonald parking lot to hand over the kids and noticed her inspection was out. I wouldn't let the kids out of my truck until Mr.State trooper showed up. I told him I wanted her cited, he said "Don't tell me how to do my job" :roll:

In the end, he gave her a warning to have her wheels inspected within 5 days.
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Re: Exchange of Child - Post Divorce

Postby Fatheroffour » Tue May 29, 2012 10:13 pm

I would feel very confident headed to court against a parent that used a lapsed inspection sticker, low air in the tire or a broken tail light as an excuse to withhold the child.

Booster seat is a bit of a grayer issue. Even though there is no supporting evidence that car booster seats are any safer than the regular seat belts, most people and the law have been snookered hook line and sinker and you won't get anywhere arguing against them.
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Re: Exchange of Child - Post Divorce

Postby newwife » Thu May 31, 2012 1:20 pm

Just being devil's advocate.

If it were because of no car seat. I would say--why didn't you give them the one you brought the child in? They can return it when you get child back.

Just saying.
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Re: Exchange of Child - Post Divorce

Postby Fatheroffour » Thu May 31, 2012 1:24 pm

That will be the judges first question .
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Re: Exchange of Child - Post Divorce

Postby TransAm » Thu May 31, 2012 8:36 pm

Why should I give them my property? Should I give them my new Tundra because their beater isn't inspected?
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Re: Exchange of Child - Post Divorce

Postby Trevor » Thu May 31, 2012 8:42 pm

Oh come on bandit, you're not giving them anything. You're providing the child temporarily with a safe seat. Your argument sounds like that of one of the political talkshow blowhards that run things to ridiculous extremes. Not helpful except to foment discontent among the already-converted.
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Re: Exchange of Child - Post Divorce

Postby Fatheroffour » Thu May 31, 2012 8:48 pm

TransAm123 wrote:Why should I give them my property? Should I give them my new Tundra because their beater isn't inspected?


Is that your statement before the court?
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