Exchange child during work hours


#1

hello,
I filed change of circumstance and got more time with my son. My x wife’s atty typed the order. On the old order most of the exchange times were at 6:00. They moved them all back to 5:00. I work until 5:30 so I will NEVER be able to meet this schedule. I have asked them to move it to 6:30 giving me an hour to meet the terms of the order. They have refused…Exchange times were never discussed in court the judge did say simular to previous orders when discussing holidays etc. some of the changes are on the holidays . My son is of school age.

before you ask my atty had some buisness to attend to so he requested they did the order…I should have refused but did not

MY questions

Can they write an order and ignore my work hours?

Can they just make up thier own times?

Is there anything I can file basicly stating they are setting me up for failure, maybe unfair terms or hardship?


#2

The parties can agree to anything no matter what the orders say. Nothing has to be followed to the minute if the parties can agree! My orders state pick up at 3:00 p.m. but “we” do not always follow this mess nor times nor holidays nor anything really. It has taken a long time for “us” to agree to these changes, but it works and no one really cares. As long as you can agree, you can do whatever you like. Whatever you can work out between you both, the Court/the Orders do not matter. You must consider what is best for the child. That’s the bottom line. Times? Don’t matter if you can agree! I hope that you guys can! It’s so much easier that way!


#3

hello,
Thanks for the advise BUT I dont think you understand. I am aware we can do anything we want if we agree. The problem is this order was written knowing this would be a problem BECAUSE this would be a problem. I have been granted more time with my son against her will. She will not agree to submit an order in the terms I can meet SO there will be problems. There is no chance she will work with me but rather I suspect she will be hoping to develop a case to reverse the order.

I assure you if she was willing to work with me, then they wouldnt be rejecting my request for reasonable exchange times. If I dont get the terms of this order changed I am going to have a very difficult time.

The order has been submitted and signed by the Judge. We have filed a rule 60 but I am not sure what will happen.


#4

The times cannot be made up, and will have to be decided by the judge. File the motion under Rule 60 was the appropriate course of action.