update on situation! and a question.

[concernedGF]

Hello all,
For those of you who remember, my boyfriend was seeking a modification in his child support along with parenting time with his child.  his ex had essentially sought out the highest order possible for child support and then constantly held it against him whenever he tried to obtain parenting time in the past.  Until he sought a child support modification, the order had him expected to live on $700/month, below 100% of the poverty guidelines. 

The ex also has withheld their child for a year and a half because she was asked to consider her invitations for him to go to the movies with her or to her house on a friday night as "parenting time" were inappropriate.   Since that incident she has moved and refused to provide him with an address.  She has now come up with tons of false accusations of abuse as the excuse for doing so and has even significantly lied on things like the date their support order was set and was off on other dates by at least a year. 

So far, the child support order has been modified.  It was once $650 a month, it is now $50 a month and he has to provide proof of current enrollment and satisfactory academic progress for his school twice a year.  So much for her fancy "free" lawyer (her family friend).  I'd laugh if she actually DID pay him something for that. 

The custody case was transferred to the county the child is currently living in, and the court date is pending for that one.  The funny thing about that one is, he didnt know for sure what county she was living in because the ex wont tell him.  As a result he was forced to file in the county HE lives in.  The court date for custody in his county was the day after the court date for child support, and after dealing with the skeezy lawyer's bs in child support, he wasnt prepared to do it all over again for custody the next day so he just agreed to let them transfer venues.  I don't think he realized that they could have at least ordered something temporary for parenting time before transferring, but I think he was also very nervous. 

Anyway, still waiting for the judge's assistant to call back and the custody court date to be set.  But I did notice something when reading through his child support order.  The child support magistrate attached an "appendix" and made it part of the order.  This appendix referenced a few parenting laws such as withholding/hiding a child from another parent is a felony, that he has a right to access to all his daughters medical and school records, and that presenting that order is enough to release the information to him.  It also states he has rights to reasonable parenting time and phone access.  Can he use this "appendix" which was made part of the order, in any way to get parenting time before the initial custody court date? 

[jimmy eaches]

before the hearing, how long are we talking. if its like a month or so, i wouldn't think so. if its further out, he could file a motion to have modification for visitation. is there a visitation schedule? if not, file contempt charges against her. make her answer to the courts. join me at myspace.com/mddadsdeserverights

[hadenough40]

If a parenting agreement or order was in place from the beginning your boyfriend should act NOW to get that enforced...no matter where the custody hearing is.  The judge did you a HUGE favor by including the exhibit.  Use it to your advantage.  Find the exact law that the CP is going against and write to her attorney.  I'd suggest filing an Motion, but since the case in the other county might be coming up just as quickly it might not work...HOWEVER, this motion would be about enforcing parenting time...the upcoming court date is about custody if I read correctly...2 entirely different matters.

I'm looking for the motion when my husbands ex suddenly decided that she didn't need to follow the order, but here's the wording for the Notice of Motion and one of the letters that went between attorneys.

Notice of Motion Wording

Take Notice that the undersigned will apply to the above named Court at the _______ County Civil Court House, (Full Address, City, State and Zip) on (Day and Date) at (Time) in the forenoon or as soon thereafter as counsel may be heard for an Order:
1. Enforce the parties' parenting agreement as set forth in the Property Settlement Agreement
2.  Compel the plaintiff to adhere to the parties' parenting agreement as set forth in the Property Settlement Agreement.
3.
4.
5.
6.

Plaintiff will rely on the attached Affidavit.  Oral argument is requested.

Just so you know...I didn't find the affidavit yet, but basically my husband accounted how parenting time originally was Ordered.  The number of times the plaintiff (CP) requested changes that gave him more time then ordered and why his parenting time benefited his kids so her request to not only take away the changes she instituted but also cut the ordered time would be very detrimental to his kids.  When I find that stuff I'll see what might be pertinent for you.  The additional points in the motion were about the changes that the CP initiated and now wanted changed.  These were never a part of the original order but she set a precedence and my husband wasn't giving up the extra time without a fight.

The letter:

I am in receipt of your correspondence dated ______, addressed to my client, ______.  As you are aware from our prior correspondence, I filed a Notice of Motion, on the same date, in this matter returnable on __________.

On _______ we conferenced this matter via telephone and I agreed that the parties should attend mediation regarding any modifications to the parenting plan.  However, my client's purpose in filing the Notice of Motion was for enforcement of the parenting time plan as well as modification of the parenting plan regarding summer parenting time.  Accordingly, it would be appropriate for the parties to mediate any modifications.

Nevertheless, I have not withdrawn the Notice of Motion, as you requested, as various relief that I am seeking includes the enforcement of my client's current parenting plan.

Please confirm that your client will immediately resume the three weekends per month as set forth in the Final Judgment of Divorce.

Upon receipt of the Notice of Motion, please call me so we may further discuss the issue and hopefully come to a resolution of the issues therein.

The above doesn't completely pertain to what is going on with you right now.  You don't need mediation at the moment.  Instead you need to enforce the parenting plan (if one is in place).  I just copied the letter and notice to give you some ideas.

If a parenting time order is in place, DO NOT WAIT UNTIL THE CUSTODY HEARING TO ADDRESS THIS.

At the very least send a letter to the attorney suggesting that you might file a motion if the ex does resume parenting time.

Personally I'd be filing another motion.  You've already been through the "motions" of filing a motion, so file another.