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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 38130
Experience:  Retired (mostly)
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You said: As far as what to say, you write something like:

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You said: As far as what to say, you write something like: "The current parenting orders require that 'the parties are encouraged to work out holidays on their own.' [Petitioner/Respondent/Other parent] has stated his intent to unilaterally retain the parties' minor children on Christmas [Eve/Day, both, etc.]. This refusal to cooperate in good faith is not in the children's best interests, and it is causing unreasonable distress for the children and myself.


 


Should I also include his use of excessive vacation and request equal parenting time in this order or stick just to the holiday & vacation issue for this? Pleas advise.

You can inform the court as to the difficulties with the current orders and how they have created difficulties in parenting the children. But, if you emphasize this as the grounds for getting a hearing before Christmas, that may cause the court to view this issue as ongoing and not really an emergency. So, you could state after the first paragraph that there are other matters that the court needs to address, and that you are requesting that all of the ambiguities in the current orders be addressed by the court. But, you need to keep the emphasis on the Christmas issue, or you won't get a hearing before Christmas

So, if that's really important to you, then you need to be careful about how much attention you call to the other issues.

Hope this helps.
Customer: replied 3 years ago.

Understood. Should I file another RFO (regular timeframe to address the parenting time? I definitely want to keep the emphasis on the Christmas issue.


Might it be best to file another RFO (in standard timeframe), after Holiday for the parenting time and to request an ongoing holiday schedule?


 


Do I need to attach my emails in support of or can I bring them to the hearing? Or file them say this weekend instead of tomorrow when I'm going to the courthouse?

Understood. Should I file another RFO (regular timeframe to address the parenting time? I definitely want to keep the emphasis on the Christmas issue.

 

A: I wouldn't file two different RFOs. I would ask for all of the changes in one pleading. I would just explain that the reason for the order shortening time is that while there are numerous ambiguities in the current parenting plan, the one that is causing a dispute during the winter holiday needs to be resolved, before any other, even if only via a temporary order.


Do I need to attach my emails in support of or can I bring them to the hearing?


A: Attach copies.


Or file them say this weekend instead of tomorrow when I'm going to the courthouse?

 

A: See above.

Customer: replied 3 years ago.

I am going to draft this within the hour. I'm nervous. May I ask you to review what I write?

u can ask...Cool i might even say "yes."

No reason to be nervous. Worst thing that can happen is that you don't get your hearing before Christmas.

Life goes on either way.
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Customer: replied 3 years ago.

Thank you.


 


A hearing before Christmas may not be the worst thing that can happen to some but my children are my life and it would be very sad for me and my kids. Only the very rotten kind of father does that to his kids.


Life goes on either way, yes I suppose. Thanks for your help.

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