
momtothreekids
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Reged: 05/01/12
Posts: 13
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Right of First Refusal
05/01/12 11:49 AM
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We have ROFR in our court order. It states that any time day care or a third party person is needed to care for the children over 5 hours the parent using the opposing party shall have the right of first refusal. Here is a huge issue. My ex husband has the kids for 5 weeks this summer. I am a stay-at-home-mom and he did not ask me to take the kids while he is at work. Instead he is putting them in many different camps. He refuses to tell me where they will be for 4 out of the 5 weeks, but for one week he told me they will be at a local day camp. I contact them to get info and they sent me their registration forms. Those forms state he will have the kids there from 6:45 am (pre care) to 5:30 pm (includes post care). The forms do NOT list me as mother or emergency contact. His girlfriend is listed as both of those, stating she is the step-parent but she is not. It states clearly that the children are not allowed to be released at any time to myself or my husband. It states they do not have any medical conditions. They both have asthma, my son is lactose intollerant, and my daughter has vasovagal (google it) and she even sees a cardiologist for that. He is stating that they are camps...not day care. In my opinion almost 11 hours is way too long. They don't even want to go. My son attended this camp last year with a friend and almost drowned in the pool at the facility, even though he is on the swim team at school, there were way too many kids in the pool and someone jumped on him while jumping off the side of the pool. I have an attorney who said my ex's attorney will fight this to the death, but he feels I am in the right. Our FOC agrees with me, but at the same time they have dual opinions quite often and I am afraid they also agree with ex. Day camp is licensed, it is a tax right off and if they were not in camp they would be in day care. He is doing this to make me made, because he knows the kids are upset about being with him half the summer. They have not been away from me for greater than 2 days since the divorce. Ex never uses ROFR, but I always use it if I have to go out of town or to a banquet or wedding. I am not seeing this as fair. Any suggestions?
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