KennyR
recently joined
Reged: 09/13/11
Posts: 6
|
|
About a month ago, I posted my story that my ex was in violation of a court order allowing me to have regular visits with my kids. Ever since her fiancee assaulted me on Father's Day, she has not let me have any visits with my three children.
I filed a motion for contempt of custody, waited a month for my court date, and when that day finally came, we didn't even get heard by the judge due to overcrowding in the courts.
Now I have to wait at least another two weeks to "reclaim" my court date. Meanwhile, my ex, the "Safety Mom" (a supposed family safety and wellness expert) continues to keep me from seeing my kids.
You can imagine my frustration, anger, and sadness. My sadness comes from the fact that I missed an entire summer with my young children. While she and the man who assaulted me went away on vacations with them and made lasting memories, I wasn't even allowed to see my own children. She even tried to have me arrested for trespassing when I dropped by the town pool just so I could see them and hug them.
So my question to all of you is this: Is there anything I can do to get back those months of "stolen time"? Is there some way, provided the courts find her in contempt, that I can get regular visitation restored plus extra time with my children to make up for the time she deprived me of?
Please let me know if you have experienced any sort of justice in this type of situation.
Sincerely, KennyR
|
annieo
veteran
Reged: 07/07/10
Posts: 1410
Loc: Pacific Northwest
|
|
The courts can do what is considered "make-up" time so be sure to ask for that when you get to court
|
M5M5
Carpal \'Tunnel

Reged: 07/29/05
Posts: 11722
|
|
Yes, you can get a "bank of time"...basically it's make up time to be used on the time the mother has the kids. You will never get that lost summer back, however. I would definitely ask for the make up time in court. I'd go for full custody if she continues denying you time with the kids.
|
Renny
addict

Reged: 09/24/11
Posts: 479
|
|
You can ask for make up time and any other remedy that is fair and equitable under the circumstances. Remember that you have to prove that the contempt was willful, meaning deliberate. Be specific about the makeup time you want, with dates and times.
|
Miranda
Carpal \'Tunnel

Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
|
|
I would totally ask for make up time as well as punitive damages to be assigned to her if your state allows it.
My former neighbor in OK lost custody of her two children after years of visitation denial. Keep documenting and keep filing contempt motions.
How did she attempt to have you arrested? On what grounds?
-------------------- 13.1...because I am only half crazy!
Edited by Miranda (09/26/11 04:13 PM)
|
KennyR
recently joined
Reged: 09/13/11
Posts: 6
|
|
I will definitely ask for this make up time. Sounds like a good idea, and the worst the judge can do is say "no", right?
She "attempted" to have me arrested. That's to say that the babysitter called her from the pool, told her I was there, and then she called the Wilton police.
I had already left the pool when the police called me and asked me to come down to the station (again). By now, they are familiar with the "Safety Mom's" bs and know me by name. They basically asked me a few questions and then said there was nothing wrong with what I did.
Basically, her m.o. is to make false claims against me and then call DCF, the police, lawyers, counselors, family services, etc., and just see if anything sticks.
|
Miranda
Carpal \'Tunnel

Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
|
|
Why would she have called the police tho? Is there a TRO/RO??
-------------------- 13.1...because I am only half crazy!
|
BeckaLeigh
Carpal \'Tunnel

Reged: 06/08/05
Posts: 6875
Loc: Texas
|
|
My X did almost the same thing with our daughter. I didn't get to see her for months at a time. I couldn't make the time up, but I sure as hell made sure our time was enjoyed after the crap X pulled. To this day, my kids and I have an awesome relationship.
I wish you the best of luck with your children. It sucks when you are a decent parent and have to fight tooth and nail to be with your kids.
-------------------- I tried being normal once. Worst five minutes of my life.
|