Loop holes in legal language, do u see any?
Once again the ex is trying to keep hd from spending time with sd. We submitted her the summer visitation schedule on Friday where we listed out in calendar, color coded illustration which weekends where regular weekends that would begin at 6 pm on Friday and end at 6 pm on Sunday, Father's day weekend (which doesn't fall on his weekend but is granted to him in the court order) which begins at 6 pm Friday and ends at 8 am Monday, and his vacation periods that begin at 6 pm on the selected day and end at 6 pm on the selected day. With BM being as awful and manipulating as she is, I tried to cover every possible questionable place in this letter and wrote it in contract form so that she would have to sign that she received. Being as she signed it, means she also agreed to it. Then yesterday when we dropped off SD from our weekend with her, BM leans out the window and says "There was a problem with your contract. On Fathers day weekend, you don't get to keep her til 8 am. You have to give her back sunday at 6 pm." HD is not a confrontational guy, so he says "Alright, i'll check the papers again" Then like she is trying to start a fight she says "I know im right, You will return her at 6 on that sunday!" He says "ok, i'll check the papers" and gets into the car to drive away
So here is what the papers say, Word for word except names are changed to mom and dad:
Father's Day - Dad shall have the right to
possession of the child each year, beginning at 6:00 p.m. on the Friday preceding
Father's Day and ending at 8:00 a.m. on the Monday after Father's Day, provided
that if Dad is not otherwise entitled under this Standard
Possession Order to present possession of the child, he shall pick up the child
from Mom's residence and return the child to that same place.
Is there any way this could mean anything different than he gets to keep SD until 8 am Monday morning? Btw im going to call the lawyer this morning to clarify, I just hate bugging her over and over about such childish shit.
just testing. this post has
just testing. this post has not been posting.
The only loophole I can see
The only loophole I can see is the phrase "provided that if Dad is not otherwise entitled under this Standard Possession Order to present possession of the child,"
What does that mean? "dad is not otherwise entitled to present possession of the child?"
I don't understand what you mean by "entitled" and "present possession".
But the first part of the statement "Father's Day - Dad shall have the right to
possession of the child each year, beginning at 6:00 p.m. on the Friday preceding
Father's Day and ending at 8:00 a.m. on the Monday after Father's Day,"
It's pretty clear that he keeps SD untill 8am on Monday.
yea the "provided that if Dad
yea the "provided that if Dad is not otherwise entitled under this Standard Possession Order to present possession of the child" is the only part that confuses me too. What I gather from that is if it happens to fall on his regular weekend then that weekend's forgoing times would over ride this because he would already have possession of the child that weekend. But this year fathers day falls on the 2nd weekend of June (not his weekend) I spoke to his lawyer and she pretty much said if that is what we understand from the papers, then tell her tough shit we are keeping her til 8 and if she wants to fight it she is more than welcome to take it back to court.
Okay, thanks for the
Okay, thanks for the explanation.
Sounds like you're in the clear then to keep her till 8am on Monday.
If BM says anything more about it, DH needs to become a broken record. "The court orders says I keep her until 8am on Monday" and keep repeating that. He doesn't need to say anything else or try to argue with her about it.
Just do what we do when BM
Just do what we do when BM tries to argue about co arrangements: send her an actual picture of where is says "drop off at 8:00am" and be done with it. No more arguing or "ill check". Besides if y'all are doing the dropping off anyway then just keep the kid. I know this won't make things better but she can't send the cops bc it's in the paperwork. She can't say y'all violated anything bc there it was and bc y'all sent her a pic of it then she's really only causing problems and making herself look dumb.