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Ok thank you.
So the custody arrangement is filed with the court?
Yes, well it was supposed to be off of our notarized agreement but the court just picked the standard visitation right which we both just got in the mail yesterday. we bot agreed on 30 days and now witht htis new paperwork he thinks its ok for 42 days
Ok, I understand. The first thing you will need to do is consult an attorney to send a letter to him explaining the custody arrangement, and how it is 30 days as opposed to his erroneous belief that it is 42. If he does not abide by the court ordered thirty days he could potentially be found in contempt of court for not complying.
If he continues to keep your daughter for 42 days, you can file a petition with the court where the custody arrangement is entered and ask the court to bring him in for him to explain why he has not complied with the filed custody arrangement and for the court to impose penalties on him for his willful failure to abide by it.
As far as the abuse, and the threats, if they continue, you can file a PFA, or protection from abuse action against him in your local court.
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Is the signed notary agreement me and him did on our own that we agreed for 30 days override the new courts visitation rules?
Not if the court has entered the standard visitation arrangement. However, with that being said, you need to clearly read the standard visitation and see what the prescribed time period is. If you feel that the 30 days is more appropriate, you can file an action to modify the arrangement, and use your signed notarized agreement as evidence of what you want the custody arrangement to be.
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Yes one more
Sure, go ahead, feel free to fire away.
It does say that a competent adult must pick the child up and bring her to my residence, now she is 5 and is going to send her on a plane by herself. Is this appropriate? Or does he need to fly with her based om what the court papers say
The court would definitely be against a 5 year old flying by herself to your residence. That is not in compliance with any court visitation and parenting guidelines that I am aware of.
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Ok who should i call to stop that from happening
To stop him from putting her on a plane?
by herself yes,
Do you know which airline she is flying on? I would say call him first, and inform him that a 5 year old is not mature enough to board an airplane, and that is simply not safe. If he wishes her to fly home, then either he should fly with her, or have a guardian or flight attendant escort her on and off the plane to you.
I was going to say the police, but technically it is not a criminal matter as of yet, and he has not boarded her on the plane.
He is paying a n extra $100 for a chaperone which does allow that age to fly with them on non-stop flights but i thought he would have to return her and not her be by herself
If I were you, I would contact the airlines that she is flying and confirm that arrangement, and get the name of the assitant and contact information.
If he is doing that, and the airline allows it, it is not as bad as I originally though.
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