I dont know if you all remember my last port of BM keeping my SD when we were suppose to have her. Well a week later she gave her to us, but now is wanting to come pick her up tomorrow, and it is still our time to have her. What do I do? Our lawyer said not to hand her over that we get to keep her since it is court order and our lawyer and the "court person" who handles visitations cases had made an agreement because she chose not to hand her over. Have any of you been in this situation before.? If you have what did you do? Thanks.!
Re: Quick help.
If it's your time - you keep her. If you give in to BM and allow her to say, "Oh, I want her back" for no apparent reason, and you just hand back your SD, she's going to play you.
Stick to the CO
All of this.
And have a copy of the CO available for quick reference. Also, notify your atty. if she shows up so s/he can consider the next move (contempt...?)
You are not kidnapping her if it's in the CO that it's YOUR time with the daughter. Let her call the cops. When they show up, calmly and politely hand them the CO.
The police wouldn't do anything anyways. They will tell her that this is a family court matter and if she thinks you are breaking the CO then she will need to file contempt in family court. You can't kidnap your own child.
If it were me and she showed up at my door, I would tell her I was calling the police because she is trespassing, and that she can have SD back at the scheduled time. If she didn't leave I would call the police. Having that on record can only help you.
Actually, you can kidnap your own child if you are deliberately keeping her from the other parent. It's up to that parent to prove that you are, and in some cases it's clear if you run off and do not tell the other parent where you are going and break deliberate rules in the CO, but this is not even near close to that kind of thing.
I'm dying to hear how this one turned out.
DId you call her bluff? I hope so. You need to nip these situations immediately and not let them think that they can continue to play you like this. Or they will.
1), you do not allow her into your home. Don't answer the door.
2) if she persists, call the cops. If she calls them first, then when they show up you present them with paperwork showing it is in fact your COURT ORDERED visitation time.
Get something in writing on your lawyer's letterhead stating that he spoke to the "court person" about BM keeping DD longer than she was supposed to, and about how when SD was finally handed over, this is how the visitation was worked out. Present this to the cops.
How did things turn out?