Update - I finally spoke to my attorney a few moments ago. He confirmed that he notified opposing counsel that the order drafted was not what we agreed to and asked that a hearing be set.
He further stated that he had not seen the order transmitted to the Court and he has not received any other communication from opposing counsel regarding the order.
I told my attorney that I believe my ex was trying to set me up, just to claim that I am keeping the children from him.
Although my ex’s attorney is out of the office this week, my attorney is going to send a letter to his office today stating that I will deliver the children to the police department on the 25th. If my ex does not show - then I leave.
It seems as though your attorney answered your question. I would add that given the circumstances having the exchange take place at the police department is the best thing to do.
I moved to FL with children due to job. On 08/06 we entered into a temporary order. It was hand-written, signed by me, the ex, the attorneys and the judge. Ex’s attorney was going to “flesh-out” and submit to judge. In the four months since, have received two “fleshed-out” versions which were not what I agreed to in court. My attorney said I had two options - accept as written or go before the judge. I told him I would prefer to go before the judge. There are two big issues with the order as drafted by his attorney - it states that I will deliver the children to his home on Christmas Day at 5:00 pm and the return will be at a half-way point. I never stated I would deliver them to his home - I stated I would be coming home for Christmas and would transport to NC. My ex’s idea for the half-way point is 197 miles for him and 309 for me.
Since we were in court - my ex and his wife have continually harassed me. I have had a complaint filed with FL Child and Family Services - investigated and closed - nothing found. My ex’s wife has filed charges that I have harassed her and threatend her back in NC. I haven’t even received the summons yet, because the sheriff will not go out of state. I have arranged to pick it up when I return home for Christmas.
I spoke with my attorney last week about Christmas visitation and asked him what I should do with everything being in the air. I told my attorney I do not feel safe going to his home under the circumstances and he agreed with me. He sent a letter to the ex’s attorney last week stating I would meet him at the Police Station on the 25th at 5:00 pm.
On Friday, the ex’s attorney sent a letter back stating the order he submitted to the court states that I will deliver the children to his client’s residence and he expects me to comply or they will take “measures to force me to comply”.
I have not been able to reach my attorney - still waiting on a call. If the ex’s attorney submitted an order - it was not what I consented to. I have not received this order so I don’t even know if it exists. My ex’s attorney is out of the office until Dec. 29th.
Now my ex is stating that he will not meet me at the Police Station and if I don’t deliver the children, his attorney will file a motion for contempt. He is deliberately trying to make it look like I am keepting the children from him. He has not exercised any of the visitation in the temporary order other than Labor Day weekend when I brought the girls to him and picked them up.
If there is a cosent order that states I am to deliver the children to his residence- what are the chances that a judge would hold me in contempt given the circumstances?