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Ely
Ely, Counselor at Law
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Ely, thank you for your response. In this situation, the language

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Ely, thank you for your response.
In this situation, the language in the orders are clear, but the parents are in dispute about changes to the alternating schedule of days each one has the child.
One parent (the father) asked for the other parent (the mother) to care for the child during one of his scheduled weekends, then took the liberty to “take” the following weekend from the mother without overt consent (the father adjusted a google document without clear representation and the mother inadvertently “agreed” to the “swapping” of weekends without realizing.) Simultaneously, the father reduced the amount of time for the mother by one day during the weekend that the mother is providing coverage for him, along with changing the week day schedule in the process.
The mother is now facing an unclear weekday schedule, for 2 weeks, making it difficult to preform her job as she cannot travel for work as a result, and not seeing her child for 2 weekends in a row causing hardship.
What actions should the mother take to; a) see her child, and b) not be seen by the courts as not caring about the child which is a claim the father has been making to further limit her time with the child (the mother has not challenged the father in the past due to abuse and fear of reprisal, and not having a Parent Coordinator to help.)
Submitted: 6 months ago.
Category: Family Law
Expert:  Ely replied 6 months ago.
Hello,

You are very welcome.

I cannot tell you what to do, although in a general situation, it may be best for someone in the mother's situation to possibly do the following:

1) Attempt to resolve this via the Parent Coordinator. Even if this does not help, it will "look good" so as not to have the mother seen as though she rushes to court without first attempting to resolve this matter peacefully via the PC as the Court wants;

2) If this is not helpful, at that point, the mother may then file a Show Cause of Contempt (sample here), alleging that the father is(arguably) no longer following the custody orders. Then, it would be up to the Court to take it from there.

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Customer: replied 6 months ago.

So, in the short term, when the mother reaches out to the PC, should she email both (father and PC) or just call the PC?
Expert:  Ely replied 6 months ago.
J,

I would email the PC, nicely, and CC the father. The whole point is to have a "paperwork trial" showing that every reasonable step was taken to resolve the matter.

But if this does not work, the Show Cause would be stronger, arguably, as opposed to simply jumping to a Show Cause immediately.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 85122
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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