Questions

[plzadvise]

i have several issues i would like clarification on:

1. I have been working with a PC for a year now. I am still having the same issues as before in fact I think the PC has made things worse as my ex and i don’t communicate at all now. Nothing has been resolved; the only thing established is a large bill I have to pay. The PC sides with my ex and is rude and disrespctful to me. I have brought this to the courts attention and asked the PC be removed or changed. My motion was denied. I have had to file bankruptcy and included the PC fees in the bankruptcy; is it likely that the court will dismiss the PC since I filed for bankruptcy? What can I do about the PC’s behavior?

2. We had an Order established when I had a lawyer 2 yrs ago. There have been changes made since the PC has been in place. The judge asked the PC to draw up the new order; 2 months later (and prior to my filing bankruptcy) theres still no order from the PC. Does that mean the old Order still prevails?

3. I am suppose to have my child for Thanksgiving. I have emailed my ex and the PC since August asking what can be worked out since my child lives out of state. Nothing has been worked out. My ex hasn’t responded to any emails about thanksgiving. I have brought her into court for contempt and nothing happens to her; and thats how we got the PC assigned to us. I am being denied visitation, my weekly calls, my ex doesn’t send updates as she is ordered to do or provide information all this is against the order. My ex has been brought in twice now for contempt but the Judge doesn’t do anything about it. What can I do? If I file again will I get the same results? Does this not prove that the PC isn’t helping our case?

4. My ex provided me with medical receipts late June. 2 receipts she wanted reimbursed for were not provided. She refuses to send them to me. Am I still responsible eventhough there was no receipt provided? I have asked CS for assistance as she always allows the medical bills to accumulate to a large bill before sending me the receipts. I have only seen 2011 medical receipts through June I have asked several times for monthly or quarterly statements but she refuses to send them in a timely manner. What can I do about this?

5. My ex emailed my email account telling my wife to do us all a favor and die. My ex also called me recently and told me to put her on speaker phone where she yelled, and cursed out my wife who is expecting. We don’t need this type of drama in our lives. My ex is ordered no contact with my wife. What can be done about this?

I am just a father who wants to be involved with his child. I have moved on with my life and my ex should move on with hers. I have tried to do everything the best I can do; my ex didn’t want to work out visitation so we had to go to court, now I feel the court is failing me. What is a good father to do? No wonder so many fathers give up…I am exhausted after fighting 4 yrs through court just to be able to see my child.
Thank you for your time and assistance!

[rph]

Plzadvise

You should stop pretending to be the parent of the children involved and posting as their father. It is YOU who was court ordered not to contact Mother (me), intercept communications, respond to communication pretending to be Father or have access to the new email account Father was ordered to create specifically for the purpose of communicating with Mother. It is also you who was specifically addressed by the Court in hearings and you who has been addressed by the PC for violating the Order and also communicating with her, pretending to be the Father.

Mother has not contacted Father’s wife. If the responses Mother has sent to Father’s emails asking him to stop his wife from intercepting emails and responding as him are being read by Father’s wife, then isn’t that proof that she is accessing his emails? Quite frankly, I am tired of being your scap goat and the object of your intense anger issues. Let me remind (and notify the attorneys in this response) that it is Mother who has had false criminal charges filed against her claiming Mother threatened Father’s wife and later those charges were dismissed after providing contrary proof to the DA. It is also Mother who has had false claims filed against her with the Dept of Children and Family, been investigated and those charges were not only found to have no basis, but Mother received a favorable report and the investigator notified the caller that filing false claims could be prosecuted.

Father has filed contempt, but Mother has not been found in contempt. That is not the same as being found in contempt and the Court not doing anything. In fact, in those hearings, further guidelines and restrictions were put in place for Father in order for him to continue having visitation. The fact is Father was not granted Thanksgiving visitations so Mother is not violating any Order of the Court.

In our last hearing two hearings (both within the past two months), the Court denied Father’s request to terminate the PC and ordered him to cooperate fully, which he has failed to do. The Court’s found the PC was not only in the best interest, but necessary.

As for medical bills, this has also been addressed in CSE Court many, many times. It is Father who has had multiple Show Cause orders filed against him non-payment and who is about to have yet another Show Cause filed. The receipts have been received, confirmed received by Father and yet he continues to refuse to pay.

As for not having a written Order yet, that does not mean the prior written Order prevails. The Court’s verbal Order is what is in effect, regardless of whether it has been committed to paper as of yet - which is soon to come from the PC.

I’m sure the attorney will weigh on your questions, but please remember their advice is based on the facts presented to them in these postings. If the facts are not correct, then their answers most likely will not be correct.

[Crystal_Russ]

I will attempt to answer your questions as best I can with the limited facts I am presented.

You will need to check with clerk’s office on the Order. Generally you are supposed to prepare the Order within 15 days, but this isn’t always done.

You can make a motion to have the parenting coordinator removed, but based on the facts you list I do not think the judge will release the PC, things are still too contentious between you and your ex. Alternatively you can file a grievance against the PC with the State Bar, and request a different PC be appointed.

If there is Thanksgiving in your Order, then she will have to provide the children to you. If Thanksgiving time isn’t mentioned or given to you in the Order, then she is not under a court order to provide them. If the Order says she needs to let you have the kids, then she does or she will face contempt.

Your medical reimbursements will need to be made pursuant to the Order. If the Order outlines how long and under what cirumstances you have to pay, then you need to follow that. If she’s not providing you the receipts, and the Order says that she has to in order for you to reimburse her for them, then you do not have to pay. It really all depends on the language of your Order.

If your wife sincerely feels threatened by your ex, then she can file a restraining order if your ex refuses stop the behavior. If there is a no contact order in place, then your wife could charge her with contempt.

I cannot say why the judge seems to do nothing about the contempt you’re saying she is guilty of. Contempt charges are punished in a wide variety of ways, from a slap on the wrist to jail time. Often, it is just a slap on the wrist. Repeated contempts however will be usually punished more severely than isolated incidents.

[plzadvise]

Thank you for your assisntance Crystal Russ!

As far as rph… I don’t know who you are or with whom you think you’re speaking to but I would appreciate you staying off my posts. They’re not meant for you, they’re meant for the lawyers. They’re are a multidue of users on this forum.
rph it sounds as if you’re the one with the issues based on your post. Since you felt the need to reassure yourself on my post it sounds as if you’re the guilty party in your case. All I know is I can sleep at night, can you?
Again stay off my post and do your kids a favor and seek the professional help you obviously are in need of!
Thanks!

[Crystal_Russ]

You are welcome. Good luck to you.