burguj
New
Reged: 06/11/08
Posts: 4
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Hello everyone. I have been a long time reader but this is my first post. I am a NCP and have been separated since August of 2007. In april of this year CP filed for a OSC regarding temp visitation, custody, child support and spousal. We attended court mediation regarding our children and visitation as well as custody. The mediator reccomended that because the CP moved away with the kids that she drive them down half way. I live in Tijuana, Mexico and they are in Fontana, Ca. We attended our court hearing and the judge granted the mediators reccomendation of the shared travel. I just received a letter Form MC-030 DECLARATION, stating that her car broke down and that she is requesting me to make the full drive until she fixes her car. Is this a legal way of doing this. Can she just say my car broke so I can't do what the judge said for her to do? I have had such a rough time from her in using the kids for everything that I'm fed up and don't trust her anymore. BTW I have the kids at my house for 1 month due to year round vacation. Thanks in advance everyone!
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germangirl631
Platinum
Reged: 04/04/08
Posts: 1332
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can anyone help this guy?
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allthumbs
Platinum
Reged: 07/12/07
Posts: 574
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The CP is merely requesting the court grant her an exception till she is able to transport the children halfway. If it is legitimate, it will be up to the judge to allow this. IMO, the courts want the parents to be able to see their children, so I would expect the court would allow this temporarily for a short period of time. The CP will probably need to prove her car is broken and show when she anticipates it being repaired. I'd expect the court to grant her a few months to accomplish this. This is merely my opinion as no one can anticipate what a judge may rule.
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burguj
New
Reged: 06/11/08
Posts: 4
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The form I received from CP does not have any stamps or signatures from the court. Does she actually need to file these to the court, or can she just download the forms fill them out and mail them to me? Can I say I can't do what she is requesting. She did attach the service report from the dealership. It states that because she did not do the reccomended repairs the vehicle is not repairable thru warranty. She must pay out of pocket. She does not want to pay for the repair. What bothers me really is that she never asked me if I could do this for her. She just went ahead and and decided for herself. I have an old beater of a car and truthfully, I don't think it will make it thru much longer. Thanks a bunch!
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allthumbs
Platinum
Reged: 07/12/07
Posts: 574
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For this issue to be decided by the court, a hearing must be scheduled. That requires her filing the proper forms with the county family court's clerk's office, who will then give the "issue" a hearing date. It will also be stamped by that clerk's office. Until a hearing is scheduled and the decision is decided by the court, the existing visitation schedule is in effect. She should have filed an ex parte motion to get the hearing sooner. It will probably be months before the court can hear this matter. You are under no obligation to make that drive the entire way IF the existing court order says the both of you are to meet halfway. It is her responsibility to get there by either driving herself or having a friend or relative drive her. She would be in violation of a court order if she does not and could be found to be in contempt of court. IMO, in cases like these, it's best that the parents work out these types of problems based on what's best for the children. Going to court over these types of matters ties up the court's time. Perhaps you can work out a deal. Something like if you drive all the way for a month or so now, then when her car is repaired, she will drive all the way the same amount of times. Get it in writing.
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burguj
New
Reged: 06/11/08
Posts: 4
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I have learned so much here that it has helped me thru these past six months of sadness. I kinda thought something wasn't right with the letter I received. I had been stressing out cause I didn't know how to respond or handle this new problem. I currently have my kids with me until the end of June, they have year round schooling. We'll see how it goes when it's time for them to go back to mom. Thank you for such clear information, I'll post the outcome.
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burguj
New
Reged: 06/11/08
Posts: 4
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One last question, what am I supposed to do if we can't come to a deal. If she doesn't show up half way to pick up the kids how is that handled? Do I call the police or is there a special number to call? I currently have a certified copy of the minute order given. Is that enough or do I need other paperwork to show proof of the court decision on driving half way. Thanks again!
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allthumbs
Platinum
Reged: 07/12/07
Posts: 574
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Do what's best for your children. If that involves more effort on your part, then so be it.
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