Here is the motion, she did a good job -
Find a Conversation
| Wed, 09-13-2006 - 4:48pm |
but man oh man, there will be hell to pay when he sees it. I think I will be out of town!
1. The parties hereto have a minor child ***, age 6. Pursuant to the orders of this Court and the parties’ Marital Settlement Agreement, dated May 30, 2006, custody is joint, placement is with the Plaintiff and the Defendant has certain rights of visitation with child, as set forth in Paragraph 8th of said Agreement. The said Agreement also contains other specifics to assist the parties in effectively co-parenting , including, but not limited to a commitment from one to the other that neither will do anything to estrange the child from the other, make derogatory remarks about the other within child’s hearing. The parties are also bound to conduct their conversations about issues effecting said child with one another out of her hearing. In addition, the child is to be allowed to call one parent from the home of the other and have privacy during those conversations.
2. There have been numerous issues with visitation and with Defendant’s failure and refusal to abide by the co-parenting agreement. Defendant frequently denigrates Plaintiff in front of child, tells her that Plaintiff "kicked" him out of the house, that Plaintiff "makes him pay her money" (child support) even though he doesn’t have any, and makes other comments that are upsetting and/or confusing to a 6 year old. He has often hung up on her and in general, behaves immaturely and irresponsibly toward his daughter.
3. During his visitation with child on September 10, 2006, he became angry at the child when she wanted to call her mother, became further enraged when she said she wanted to come home and pushed her off the step. The child reported to her mother that Defendant told her if she did leave, she would never sleep over again. She was distraught by his comments and told Plaintiff she wanted to talk to the judge so he would tell her Daddy not to be mean to her.
4. It is obvious from the Defendant’s actions that he needs counseling and/or that other protections need to be put into place for this child’s benefit.
WHEREFORE, after hearing hereon, your Plaintiff prays:
1. That Defendant be compelled to abide by all the terms of the parties’ parenting agreement as set forth in the Marital Settlement Agreement and the and/or that he be adjudged in willful contempt regarding his visitation with said child. Further, that this Court admonish the Defendant for his actions and that his access to the child be limited if he cannot control his behavior in her presence.
2. That Defendant be ordered to assist in the transportation of child to and from his visitation, and that the pick up and drop off be at some neutral place to avoid controversy.
3. That Defendant be ordered to attend and co-operate in co-parenting classes and/or personal counseling.
4. That your Plaintiff be awarded fees and costs for the prosecution of this Motion.
5. And for such other and further relief as to this Honorable Court may seem proper and just.
| Sat, 09-16-2006 - 3:43pm |



