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It's my year to have my daughter during the Christmas holidays. Assuming my ex wouldn't give me my daughter for the full time I'm entitled, could I call up the local PD (Me and my ex live about a mile apart) and have someone come out and enforce the agreement? I know it says a peace officer is immune to any claim while enforcing the terms of the agreement. I wonder if that's just "feel good" wording, or would an officer actually come out and enforce the agreement and make her hand my child over to me?
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It's a civil matter, and the last thing you want is LEO involved. CPS could get involved, and the whole case could go before a judge before it's over with - and you still may not get to see your daughter for Christmas.
Did your EX say anything about not getting time with your daughter? I would communicate with your EX and ask, or just say, " what time can I pick my daughter up?"
If your EX says your not going to get her or denies you access, well then you lawyer up, or if your lucky like Bcoop take her to court yourself.
This is my first year to have time with my (3 year old) son for Christmas. I thought my EX would be resistant because she threw a fit during Easter. She is an over protected mother who still sleeps with him..but back to the point, I told her I would be by Wednesday night at 6pm to pick him up, and I would be dropping him off Christmas Day at 7pm, and she said, "cool thanks!, I'll have him ready!"Last edited by Dave586; 12-20-2010, 11:18 AM. -
Police officers won't get involved. You'll have to document (record conversations, phone conversations, etc) and take her back to court for violation of a court order.Originally posted by BradMOriginally posted by LeahComment
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Peace officers don't have legal jurisdiction to enforce child custody papers. Child custody papers are issued by civil courts and there is no statutory penalty (ie criminal penalty) for violating them.Comment
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So if I have my daughter, and decide not to give her back during my legal time to have her, there ain't shit she can do? (other than get her panties in a wad?)
She'll give her to me, but she made a big stink about Christmas. She finally realized that I'm not backing down from my time with her on Christmas, but she wants her this week. I want her too. Last year, it was her year, so I was out of town on Christmas, which pissed her off, so she didn't let me talk to my daughter until 8pm Christmas night. I was 800 miles away and she took advantage of the fact that I couldn't do anything from that distance. Now, this Christmas rolls around and she wants her eve and day...I'm like "not over my dead body"
So basically, the "possession is 9/10ths of the law" rule applies here...Comment
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More or less, yes. Just be careful. She can cause headaches you don't want to deal with. Like accusing you of kidnapping, etc. There are failsafes built in to the law, but she can (and likely will) make your life a living hell.Originally posted by mustang_marc View Post
If it's your year, it's your year period. You need to nut up and tell her you'll be glad to let her talk to her on Christmas day, but that it stops there. No time on Christmas Eve, no time on Christmas day. If she has a problem with it, to take it up with the judge.Originally posted by BradMOriginally posted by LeahComment
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BCOOP is correct, she cant do shit about it. This is your year, if she doesn't comply that's a violation of the court ordered agreement.Originally posted by talismanOriginally posted by AdamLXOriginally posted by BroncojohnnyOriginally posted by 80coupeOriginally posted by Rick ModenaOriginally posted by JesterComment
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First off I feel for you man, I know all to well how this shit is and how it makes you feel. What you need to do it not argue with her and get your daughter which I assume shoulda happened on the 17th after school like mine did. Let her have phone calls but do not give her back until it is time to.
Nothing she can do. She will be pissed and will likely do stuff back using the child. Document it all and if it persists you will have to lawyer up to get it stopped.
My ex screwed up my summer by putting mine in summer school which was not mandatory. Pissed me off but I ended up getting him sufficiently, just not my 30 consecutive days.Comment
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What's most important here is... what does your daughter want? Keep that in mind, it's not about which parent is right or wrong. I would be willing to bend if it made my child happy, even if it hurt my feelings and pride a bit. Good luck!Comment
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My daughter is a daddy's girl, so she wants to be with me. That's the good thing!Originally posted by UserX View Post
As for the rest, I'll keep documentation of text, chats, emails, etc. Never know when it'll benefit me. My ex could care less if I disappeared under a rock. It'd make her all too happy. She should be happy that I want to be in my daughter's life. There's many dad's that could give a shit less about their kids.Comment
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Truth in here. I got in a bad fight with my ex at the beginning of this year.
It was a Sunday and she had her BF of 2 weeks over and around my kids. I had an agreement with her as we agreed we would not introduce anyone we were dating until the relationship passed ~6 months or so.
I was not supposed to get them till the next day, but I told her I would come get the kids early so she could do whatever she wanted and not have to worry about them.
She told me F U, so I said no, F U and I'm on my way. I told her I was coming over to get the kids and anyone who was in my way would be removed.
She called the cops on me and they pulled up at the end of the street. I saw this because I circled the house a couple of times when I got there.
I went ahead and parked and walked up the officer and explained to him my situation and that I realized she probably called them. The office said she reported her ex was coming over and he is usually armed.
They frisked me and I opened my car up for them showing I was not armed.
They basically said they were only there to make sure no laws were being broken and that her and I needed to figure it out ourselves.WRX
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