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Updates 2023 (job hunt etc)


heartlikealion
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I thought I had been blocked (maybe I had been, but recently unblocked) by my ex SIL. I had a missed call from her. I texted xh shortly before pickup that I would not be using the bus. Apparently his sister was worried and works from home. Dd said she goes over there after school “til Dad picks her up” but she doesn’t know if dad is at work or how long she’s there. Hmm. So I think she’s providing some regular child care. Wife has a job now apparently. Not sure if xh is working or job hunting. 

Glad I didn’t have to have a face-to-face interaction. 

I have a couple ideas for what dd and I can do this weekend. She said new school never sends her home with homework so that’s nice. 

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good thinking on your part.  as far the pick-up line, could you park a block or two away and walk up to collect dd?  I babysat a friends child after school for a while, and I had much better luck parking 2 blocks away and walking up then trying to navigate the crazy-ness of pick-up. 

 

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1 hour ago, Hen said:

good thinking on your part.  as far the pick-up line, could you park a block or two away and walk up to collect dd?  I babysat a friends child after school for a while, and I had much better luck parking 2 blocks away and walking up then trying to navigate the crazy-ness of pick-up. 

 

She would have to check, bc schools around here do not allow this any more. 

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16 minutes ago, katilac said:

She would have to check, bc schools around here do not allow this any more. 

Yeah they don’t let you walk up! I asked when I registered. Dd hates waiting but I was one of the last cars and the line was short so I was barely there. But to be one of the first you have to line up at 1:30. We may need to find a happy medium. 

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Their school has a “no left turn” to enter the parking lot. No matter how empty the parking lot is. You have to drive past the school and come back from the right lane to enter. 

I don’t even know what bus stop dd uses in the morning (by her house or the one at ex SIL’s home). I’m just going to drive her to the school. 

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Yeah drop off and pick up are typically nightmarish for parents.

We had a decent situation when one of my kids was in school. The school backed on to a public park, and once past kindergarten kids were free to leave school alone so my son and many others who lived too far to walk home just crossed the park and parents picked them up from the park parking lot rather than the much busier school parking lot. 

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23 minutes ago, heartlikealion said:

They don’t really want to go to court. We need to submit our visitation proposal.

I’m mad. Does this mean he won’t be held accountable for the blatant lies? The contempt??? 

I don’t know how this works. And I still don’t have the paper to sign… just a bunch of distractions if you ask me. 

The way he's held accountable without going to court is your lawyer says to his lawyer "you know that if we take this to trial, your client is at risk of being held in contempt. Let's amend the visitation schedule to something that's fair for both our clients given the new circumstances" (and here is where he proposes something favorable to you, that compensates you for the time and driving, etc.) Then the lawyers negotiate.

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I am not an attorney, but I would ask for all the things mentioned above, in this thread, including: increased time in summer and on holidays to make up for your lost time; cost of daycare or summer camps since he has created this situation by moving; some sort of agreement that works for you WRT the travel you are now doing (either he does it all or covers your cost); and most importantly get it written into the agreement that he cannot move out of that school district (in case you move there — I would really want that one!); and you could also ask that in the event that you all live in the same school district again you return to your previous agreement. Ask for more than you want, so when you negotiate you end up with something liveable.

And — of course he doesn’t want to go to court! This move makes him look bad. He would much prefer to have you just agree to a new visitation plan. Whether you go back to court is up to you and your attorney, I think, and might require an extra filing on your part. You’d need to discuss that with them, to see if it might be worthwhile.

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I can’t restrict the school district. I already talked to my attorney about preventing another move and he said all we can do is make it undesirable (ie if he moves more than ___ miles from current place he must provide all transportation of children for my visitation). 

there literally is no way to prevent moves/school swaps. 

Yes I know all the info in the above posts, but is the only way to hold him accountable to go to court? Sounds like it. Ugh. 

My job hunt is not going well. If I have to continue to commute or make him drive her to me or meet halfway, it still sucks. I’ll definitely ask about him having to bring her all the way to me sometimes. He has no where to sleep here so he won’t want to do an 8hr round trip. 

I might combine some Thursdays and ask for more weekends during the school year but it’s still a transportation burden, especially if I get another job and can’t easily leave the office to get on the road. I don’t want all the drop offs to be late Friday night. 

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He can be made responsible to bring her all the way to you. Legally, that's reasonable.

Where he sleeps (or whether he drives 8h) is his concern -- not yours. He can get a motel, or sleep in his car, or buy a tent. That's not for you to solve. He made this problem, he can be made to solve it (at least as far as transportation is concerned).

I suggest that you start by proposing he 100% of the time drive them to within 30 minutes of your residence or workplace and pick them up in the same location. Send that, and let it sink in. Then allow for negotiation in terms of paying for your transportation costs if/when he does not want to do all that driving. Include wear-and-tear, maintenance and depreciation of vehicle within those costs, not just 'gas'. And not an amount -- costs change! (Plus more time in the summer, plus compensation for the cost of summer childcare, plus longer weekends when possible in the school schedule, or more weekends in general, etc.)

I think I might be wrong (not an attorney!) but it might be that your XH can't be forced to agree to no school swaps (which your attorney said) but it's also true that if he willingly agrees to a term like that and signs off on it... he might be bound by that as a contract he agreed to? It might be worth asking again. (Or the 'get them within 30 min of me' might be sufficient deterrent.)

Edited by bolt.
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2 hours ago, bolt. said:

it might be that your XH can't be forced to agree to no school swaps (which your attorney said) but it's also true that if he willingly agrees to a term like that and signs off on it... he might be bound by that as a contract he agreed to? It might be worth asking again. 

This. I can’t see why a judge would refuse to sign off on it if he (xh) agrees to it 

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This is a negotiation for time with your children that doesn't impose undue hardship on you. It's a matter of logistics in the eyes of the law.

It's not about getting him held in contempt or reprimanded. As long as he indicates a willingness to work out a deal, the courts want you to do your best to make a deal. 

Stay focused on a change in circumstances that makes time with your kids possible and feasible. Ask for more than you think you'll get, and when he refuses, threaten to go to court. In the end, he is accountable and you win if you get what you want --> more time with your kids and that doesn't involve ridiculous drives or you living part-time with your dad. 

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15 minutes ago, Harriet Vane said:

This is a negotiation for time with your children that doesn't impose undue hardship on you. It's a matter of logistics in the eyes of the law.

It's not about getting him held in contempt or reprimanded. As long as he indicates a willingness to work out a deal, the courts want you to do your best to make a deal. 

Stay focused on a change in circumstances that makes time with your kids possible and feasible. Ask for more than you think you'll get, and when he refuses, threaten to go to court. In the end, he is accountable and you win if you get what you want --> more time with your kids and that doesn't involve ridiculous drives or you living part-time with your dad. 

Why can’t it be both? Do you realize the crap he’s put me through with the documents and attorney fees and headaches? I mean you guys didn’t read the actual documents. I don’t want him to think it’s fine to keep filing ridiculous ones like this recent one. I feel like I can see both sides here but he will keep crying wolf if something doesn’t change. He wanted me put in jail. I can see years and years of dumb filings, modified settlements etc. I’m trying to think long-term not just short. 

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And guess what, last time we wrote up a settlement I was able to ask for a weekday with dd. He signed off. Thought that was case closed. NOPE. So I hold little hope that “getting what I want” in this next settlement will address an underlying issue of him running to his lawyer with the next crappy thing. He might think twice if he’s in a court room and his story doesn’t add up. Just food for thought. Narcs have to win and must keep up appearances. 

Edited by heartlikealion
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11 minutes ago, heartlikealion said:

Why can’t it be both? Do you realize the crap he’s put me through with the documents and attorney fees and headaches? I mean you guys didn’t read the actual documents. I don’t want him to think it’s fine to keep filing ridiculous ones like this recent one. I feel like I can see both sides here but he will keep crying wolf if something doesn’t change. He wanted me put in jail. I can see years and years of dumb filings, modified settlements etc. I’m trying to think long-term not just short. 

I believe you. I really, really do. 

Keep in mind that I am not an attorney. My perspective comes from many years observing the family court system as a foster parent (I am one of the few who actually physically goes to court every single time and who talks to all the people) and from having walked with a close friend through her super-complicated divorce followed by years of custody battles. I also walked this path with a different friend who left her abusive husband and had a terribly hard time getting any traction from the courts on anything. There are many threads on these boards that reflect the same things I observed in person.

So with that disclaimer:

The courts are not friendly places and they are NOT HELPFUL. 

Family courts rarely issue punitive rulings even when the standards for such a ruling have been met. I do not think it likely he will be held in contempt. 

Going to court over this is not likely to make him rethink being a selfish jerk. He will continue to be as much of a jerk as he wants to be. He will not "learn his lesson."

The only thing you can hope to gain from this--whether you go to court or not--is time with your children and help with the expense and hassle of transportation. Stay focused on that.

Edited by Harriet Vane
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@heartlikealion she is right.  The courts are not just and they are not your friend. I would ask for a lot in the new visitation schedule.  And then if he won’t counter with something VERY reasonable, go to court. 

As a side note I would ask for credit for transportation costs.  That way if you decide to spend the weekend with your dad you still  money for transportation.  Also if you do move there you will still get the transportation credit and if he wants it removed he will have to go back to court to do so.  

Edited by Scarlett
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4 hours ago, heartlikealion said:

Why can’t it be both? Do you realize the crap he’s put me through with the documents and attorney fees and headaches? I mean you guys didn’t read the actual documents. I don’t want him to think it’s fine to keep filing ridiculous ones like this recent one. I feel like I can see both sides here but he will keep crying wolf if something doesn’t change. He wanted me put in jail. I can see years and years of dumb filings, modified settlements etc. I’m trying to think long-term not just short. 

It can't be both because "the court" doesn't care about moral comeuppance or deterring future behaviour. They don't exist to satisfy the genuine moral outrage of people who have been wronged. Maybe if they weren't overworked and constantly strained system they could spare a few seconds to give bad actors a little lecture -- but that's not the truth, and it isn't going to happen.

They want you two to work out your own agreements so that their role is simply to sign off. They want lawyers to do their jobs (two-sided advocacy and mediation) so the court's job is to be a final authority not an everyday arbitrator. They don't look kindly on people who are stubborn throughout negotiations just so that the court will give their adversary a talking-to.

They don't care about the things you care about. Nobody does. The only person interested in protecting your interests is yourself, and the lawyer you hire to strengthen your effectiveness in advocating for your interests.

And I totally believe that you are absolutely right. He will absolutely continue to harass you with pointless documents, attorney fees, ridiculous filings, and even attempts to put you in jail.

It's just that, actually, nobody is going to stop him from doing that. Nobody has the power to stop him from doing that (unless he breaks a law) and nobody is interested in stopping him from doing that. Nobody cares. He's a jerk, and it's not against the law to be a jerk, and he's going to keep on being a jerk.

You *are* looking at years of dumb filings and modified settlements.

So get used to the idea of enduring them as efficiently and dispassionately as possible. Get the best deal you can, each time, for you and your ongoing relationship with your kids, and keep your head high. It'll be a tough decade.

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If he's repeatedly filing things that are clearly unsupported and are costing you legal fees, you can ask to have him pay your legal fees and be sanctioned for frivolous filing - but that's a hard sell in family court, normally. If he's filed something so egregiously and simply disproven, you can just send your attorney the document that disproves it, your attorney can share it with opposing counsel, and his lawyer will tell him to eff off. 

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3 minutes ago, thatfirstsip said:

If he's repeatedly filing things that are clearly unsupported and are costing you legal fees, you can ask to have him pay your legal fees and be sanctioned for frivolous filing - but that's a hard sell in family court, normally. If he's filed something so egregiously and simply disproven, you can just send your attorney the document that disproves it, your attorney can share it with opposing counsel, and his lawyer will tell him to eff off. 

Yes. It takes time, but eventually judges catch on. I have shared before that we co-parented with someone very hostile, and the judge finally called them out for frivolous lawsuits and threatened contempt of court (among other things) if they filed again. It put a stop to the endless legal runaround.

Unfortunately there’s a lot of messy stuff that has to happen before the pattern becomes clear.

Now you just take this moment to negotiate hard, knowing that you are in a good position to get what you want because he does not want this to go to court. Forget punishing him, and get what you need.

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5 hours ago, bolt. said:

It's just that, actually, nobody is going to stop him from doing that. Nobody has the power to stop him from doing that (unless he breaks a law) and nobody is interested in stopping him from doing that. Nobody cares. He's a jerk, and it's not against the law to be a jerk, and he's going to keep on being a jerk.

I was referring to contempt + perjury earlier. He would certainly be on the hook for both if we went to court. I just don’t know if they would actually do anything or look the other way. 

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8 hours ago, heartlikealion said:

I was referring to contempt + perjury earlier. He would certainly be on the hook for both if we went to court. I just don’t know if they would actually do anything or look the other way. 

They will look the other way. They don't care. They really don't. It is not a criminal court.

My brother committed perjury all the time during his divorce proceedings and the years of custody issues. She proved he was lying every.single.time. He also was in contempt a staggering number of times, and the judge never held it against him. It was disgusting!

I wish I could be more sunny for you, Heart. I think you, like my sister in law, need to be prepared to be given the shaft by the system for the next ten years. Your ex is positively evil. 

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10 minutes ago, BandH said:

What did he serve you for?  Maybe I missed it 

Complaint for contempt, modification and suspension/restriction of visitation. 

he has unfounded claims for my contempt. Wants us to modify visitation and have mine restricted (supervised) or ended. 

Edited by heartlikealion
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Just now, heartlikealion said:

Complaint for contempt, modification and suspension/restriction of visitation. 

he has unfounded claims for my contempt. Wants us to modify visitation and have move restricted (supervised) or ended. 

I am sorry, I hope you have good evidence to back you up.

DH keeps threatening me for contempt but so far his grounds are all so ridiculous that his lawyer has been able to talk him out of it.

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Just now, BandH said:

I am sorry, I hope you have good evidence to back you up.

DH keeps threatening me for contempt but so far his grounds are all so ridiculous that his lawyer has been able to talk him out of it.

It doesn’t appear we’ll go to court but it seems like I hear something different every few weeks. I guess court would be last resort. He will make a fool of himself if we go. He can’t supply this supposed evidence he has (email) that was never sent to me. And we would bring in witnesses if necessary. 

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3 minutes ago, heartlikealion said:

It doesn’t appear we’ll go to court but it seems like I hear something different every few weeks. I guess court would be last resort. He will make a fool of himself if we go. He can’t supply this supposed evidence he has (email) that was never sent to me. And we would bring in witnesses if necessary. 

I wonder about people like this. Do they think, "I'm going to make up something ridiculous just to make her miserable?" or do they actually believe their own garbage?

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13 minutes ago, heartlikealion said:

Complaint for contempt, modification and suspension/restriction of visitation. 

he has unfounded claims for my contempt. Wants us to modify visitation and have mine restricted (supervised) or ended. 

Do you think that’s why he moved at the same time? Is he going to try to spin it he had to move away from you to protect the children? I wonder if it’s one of those things where you ask for nuclear option and then settle for what you actually want. Like I’ll ask for supervised visitations at my new home, and if I don’t  get that, Lion will just be glad to have any visitation at all, no matter how far I move away? I mean, logic doesn’t seem to be his strong suit so this could actually be the plan?

No level of crazy seems to be beyond him.

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1 minute ago, saraha said:

Do you think that’s why he moved at the same time? Is he going to try to spin it he had to move away from you to protect the children? I wonder if it’s one of those things where you ask for nuclear option and then settle for what you actually want. Like I’ll ask for supervised visitations at my new home, and if I don’t  get that, Lion will just be glad to have any visitation at all, no matter how far I move away? I mean, logic doesn’t seem to be his strong suit so this could actually be the plan?

No level of crazy seems to be beyond him.

I’ve had a million theories spin through my head. My main one was this was just a distraction to put me on the defense when he’s the one in contempt. Anything is possible. 

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24 minutes ago, fairfarmhand said:

I wonder about people like this. Do they think, "I'm going to make up something ridiculous just to make her miserable?" or do they actually believe their own garbage?

I think it's more that they know they can make other people believe their garbage so they'll help make her miserable, then he doesn't have to put the effort in.

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My friend’s weekends don’t match ours but I had dd on Thursday so we made plans and ate dinner together with the kids. I brought some of dd’s Calico Critters to my dad’s.  Today I’m planning to take dd to a Mardi Gras parade. 
Might swap weekends to line up with my friend’s or see if we can do an occasional swap. Asked xh what he thought. 

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On 1/19/2023 at 7:57 PM, katilac said:

She would have to check, bc schools around here do not allow this any more. 

But what about families without vehicles? I just...can't fathom how this works. What about homeless families?

Oh boy....it's a good thing I've never heard of this because I'd be that person protesting and doing it anyway.

Sorry, OP, for the tangent.

ETA: I also meant to say that I'm glad the parade was fun!

Edited by barnwife
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