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    timothy friel's Avatar
    timothy friel Posts: 29, Reputation: -2
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    #1

    Jul 19, 2009, 01:55 PM
    violation of family court order
    OK, new quistion; my ex and I settled our custody dispute in court, we were both ordered to give the addresses to were the child would be; and to be on time to the custody exchanges; my ex gave her address as her parents home but I just found out that she stays at her boyfriends house every weekend, when I asked for his name, address, and phone number she refused to give it to me; but she was ordered to give me the address to were the child could be located.

    My problem with this is, what happened if there was an emergency with my child while she was with me and mom wouldn't awnser her ophone were would I send the police??

    Is she violateing the court order by not giving me the address when she was ordered to give me the address were the child could be located or resides for more than (48) hours>?
    WayTooMuch's Avatar
    WayTooMuch Posts: 32, Reputation: 2
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    #2

    Jul 19, 2009, 02:55 PM

    I don't think so Tim, all court wants is an address for you two to exchange pickup for your kid. As long as your ex has your child at her mother's address at the times when you're supposed to pick up the kid, she's not violating any court orders.

    Court order never stated that you have to know all addresses where your ex is hanging out! What if she hangs out at the mall all the time, do you want an address to the mall?

    About your emergency scenario, that's the chance your ex would have to face if she doesn't update you a better contact phone number. Everyone has a cell phone these days, not getting hold of one another nowadays is not as crucial.

    You don't need her new boyfriend's address. If you do, it has nothing to do with your "child's possible emergency"!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 19, 2009, 03:33 PM

    This is borderline. If her primary residence is as stated then I don't think the order is being violated. A lot depends on exactly how the order was written.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 19, 2009, 04:12 PM

    She is required to provide you a address where the child will be, if she does not take the child to this address to sleep, they are not required to give you that address.
    *** can always be disputed in court.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Jul 19, 2009, 05:10 PM

    It seems your grasping at straws. The order for an address is for primary residence. Its not for you to have an exact list of where the child is or might be 24/7. To ask that is unreasonable. The only time that may deviate is if the child were to leave the state for vacation or family emergency.
    timothy friel's Avatar
    timothy friel Posts: 29, Reputation: -2
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    #6

    Jul 19, 2009, 08:01 PM
    Quote Originally Posted by timothy friel View Post
    ok, new quistion; my ex and i settled our custody dispute in court, we were both ordered to give the addresses to were the child would be; and to be on time to the custody exchanges; my ex gave her address as her parents home but i just found out that she stays at her boyfriends house every weekend, when i asked for his name, address, and phone number she refused to give it to me; but she was ordered to give me the address to were the child could be located.

    my problem with this is, what happend if there was an emergency with my child while she was with me and mom wouldnt awnser her ophone were would i send the police???

    is she violateing the court order by not giveing me the address when she was ordered to give me the address were the child could be located or resides for more than (48) hours>?
    OK I must refraise the quistion, I pick up our daughter at 12:00 Pm and return her at 7:30 Pm every Saturday and sunday; mom stays at boyfriends every weekend with our daughter; but mom refuses to give me his address and phone number, or his first and last name, my; but our child (Does) stay the night at his house on a regular basis, because of this isn't she required to give me his address, phone number, first and last name, I mean do I not have a right to know who she is going to be staying with, what if he is a pedifile or something for god sake, my overal problem is with comunicateion, why should I have to go through five people to get ahold of mom??
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 20, 2009, 05:29 AM

    First, where do you pick her up and return her? If they are staying at the boyfriend's, does she meet you at some neutral place?

    Second, you just recently took her to court, I think the court would see this as nitpicking and might turn against you.
    timothy friel's Avatar
    timothy friel Posts: 29, Reputation: -2
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    #8

    Jul 20, 2009, 03:00 PM
    Quote Originally Posted by ScottGem View Post
    First, where do you pick her up and return her? If they are staying at the boyfriend's, does she meet you at some neutral place?

    Second, you just recently took her to court, I think the court would see this as nitpicking and might turn against you.
    I pick our daughter up at a wal-mart and drop her off there, my ex was specificly told to follow the court orders by the judge, I did not agree to settle to just have her break the agreement she so adimently agrred to sign, this hole thing is based around her previous commission of kidnaping- and that's why the judge said she could not leave the county or the state, but my ex does not seem to get it our daughter is supossed to sleep at her house in nampa, Idaho, but on the weekends my ex and daughter stay at the boyfriends house, my ex is supposed to give me the address to were our child stays at all times and she is refuseing to do so, the reason I'm inquireing to her, is beacause, her boyfriend lives in another county
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 20, 2009, 03:03 PM

    Ahhhh, now the real issue comes out. You want to get your ex for violating the order not to move from the county.

    OK, so you take your chances and file a request for a contempt citation with the court.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #10

    Jul 20, 2009, 03:16 PM
    Quote Originally Posted by timothy friel View Post
    i pick our daughter up at a wal-mart and drop her off there, my ex was specificly told to follow the court orders by the judge, i did not agree to settle to just have her break the agreement she so adimently agrred to sign, this hole thing is based around her previous commission of kidnaping- and thats why the judge said she could not leave the county or the state, but my ex does not seem to get it our daughter is supossed to sleep at her house in nampa, idaho, but on the weekends my ex and daughter stay at the boyfriends house, my ex is supposed to give me the address to were our child stays at all times and she is refuseing to do so, the reason im inquireing to her, is beacause, her boyfriend lives in another county
    First off.. before filing contempt charges you might want to consider a detective to document that she is taking the child out of the county without notifying you. If you attempt this by yourself then you could be charged with stalking. That way you have independent evidence to take to court to make it stick.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #11

    Jul 20, 2009, 04:36 PM

    Have you been taking her to court yourself or do you have an attorney as your mouthpiece and brains in the courtroom? If you don't have an attorney and you keep pestering the Judge with the nit picking he's going to be annoyed and just might rule against you. If you don't have an attorney handling this situation for you - please retain an attorney to handle this for you. He might be able to solve this entire scenerio for you in one hearing.

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