K
Kain99
Guest
An Exparte is a Restraining Order. This is officially the first case I have ever heard of where a spouse is allowed to supervise visitation. normally the Court appoints a County employee from CPS.
J
Jskijunky
Guest
I was asked by the judge if I wanted a cnty employee to supervise and I said no and he put my name as superviser. At the end of the year, we have to go back and if she hasn't done as she was told,(counseling or whatever) then I assume the order stays in effect either till she does or whatever lenght of time the judge specifies.
K
Kain99
Guest
She's a crackhead so I imagine skeleton skinny, no teef.
J
Jskijunky
Guest
I'm not gonna describe her because some people probably know her. This is not a "screw her" thread, I'm just asking about legal obligations. To answer the question of me just going with them; This was only once and it just so happened that I was pretty sick that day and didn't feel like going
mainman
Set Trippin
EX PARTE - Lat. 'By or for one party' or 'by one side.'
Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.
Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s).
In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's request without hearing from the other side) when time is limited or it would do no apparent good to hear the other side of the dispute. For example, if a wife claims domestic violence, a court may immediately issue an ex parte order telling her husband to stay away. Once he's out of the house, the court holds a hearing, where he can tell his side and the court can decide whether the ex parte order should be made permanent.
Refers to situations in which only one party (and not the adversary) appears before a judge. Such meetings are often forbidden.
Although a judge is normally required to meet with all parties in a case and not with just one, there are circumstances where this rule does not apply and the judge is allowed to meet with just one side (ex parte) such as where a plaintiff requests an order (say to extend time for service of a summons) or dismissal before the answer or appearance of the defendant(s).
In addition, sometimes judges will issue temporary orders ex parte (that is, based on one party's request without hearing from the other side) when time is limited or it would do no apparent good to hear the other side of the dispute. For example, if a wife claims domestic violence, a court may immediately issue an ex parte order telling her husband to stay away. Once he's out of the house, the court holds a hearing, where he can tell his side and the court can decide whether the ex parte order should be made permanent.
crabcake
But wait, there's more...
1) You should have ok'd the county supervisor if you didn't want the responsibility.
2) She's not in violation of anything (it appears) YET b/c her time to complete the treatment hasn't expired, has it?
3) Take your kid and her Momma to the daggone movie. Your daughter is the only one who really suffers here by not getting to see her Momma, and down the road, if she finds that out, she'll resent YOU for it.
J
Jskijunky
Guest
This is what happened only instead of making it permanent, the judge said one year.
crabcake
But wait, there's more...
Could you offer to reschedule? :shrug:
The only reason I'm being pushy is b/c there are so many kids who's parents appear to not want much to do with 'em. If Momma wants to see her baby, and she has a current, legal right via the order to do so, it's really selfish of you to prevent that from happening, IMO.
J
Jskijunky
Guest
Yer still getting the wrong idea. We do things all weekend when she's here. It was just one time and I didn't want to go and take the chance on
on the person beside me.
K
Kain99
Guest
I disagree with this sentiment. I do not believe that visitation should have anything to do with the parent. It is all about the child. If one parent is negligent, abusive, an addict.... All bets are off regardless of what "Momma" wants.
Stang Girl
Mr. and Mrs.!!!!!!!!!!!!!
According to you she has not done what she was told. Tell that crake head to go on some where and get clean and get help.. If your kid is of the age where they will understand tell them what is going on and why they can’t go….
If you need a baby sitter I will do it so you don’t let her go with her mom. I know what you are going through.
I went to go visit my dad in Idaho for a week when I was like 7. And I ended up staying in Idaho for a year; He never put me on the plane. And he never let me talk to my mom until one day my older sister and I received 2 plane tickets to Maryland.
What I am saying is don’t let your kid go. If you don’t want to go then don’t but don’t tell your self well maybe she has changed. You will never know she changed until she gets help. Even after she gets help she can still try to take your baby.
Just be smart about it.
crabcake
But wait, there's more...
Originally posted by Kain99
I disagree with this sentiment. I do not believe that visitation should have anything to do with the parent. It is all about the child. If one parent is negligent, abusive, an addict.... All bets are off regardless of what "Momma" wants.
Visitation is about the child, yes; however, it's visitation between parent & child. Since the one parent has a problem, and is court ordered to only supervised visitation, I think the other parent should facilitate that. I'm not saying bend over backwards to make it happen. But I fail to see how rescheduling supervision of a visit between Mother and Daughter so they could go to a movie instead of sit at his house all the time harms the child. If Mom were to act up, he'd be right there. :shrug: Maybe the visits will prove to be a good wake-up call for the Mom and she'll get her act together. If she feels like her daughter is being sheltered from her, I can see a depression/helpless-type syndrome setting in, and her sinking further into her pit.
Believe me, my first instinct was "say no to the crack ho" but the more details come to light, the more I think he should be a little less abrasive about it.
crabcake
But wait, there's more...
If the judge gave her a year to get treatment, and it's only 3 months into that time period, that's a little unreasonable, don't ya think? Maybe she can't get a bed in a center yet b/c of overcrowding. :shrug: If she already told a judge she was enrolled in treatment, but she's really not, that's a different story.
There are lots of "what if's" here that we don't know that keep us from really being able to answer.