Non-custodial won't pay for travel

[Cust.outofstate]

Jurisdiction

Oklahoma

I moved with minor teen to a new state for work after giving appropriate legal notice, revised visitation plan, and filing both with court. Non-custodial did not challenge notice. We moved. In revised visitation plan, I allocated all of winter break (minus first and last days) to non-custodial parent, as well as all summer (minus first and last weeks) but no other trips, to minimize expenses for us both. I stated that non-custodial, as receiving parent, would make travel arrangements for both travel out and back (round trip to reduce costs) and invoice me for 50% reimbursement, to be paid within 30 day of receipt of invoice. I specifically addressed this issue to avoid confrontation or debate leading up to visitation.

I had wanted to drive back to state to visit other remaining family, but, after calculating the budget, found I cannot. Now non-custodial parent is claiming that I have sole responsibility for purchasing airplane ticket or driving and if I don't it means I am withholding visitation. I can reimburse, next month, for the 50% of the plane ticket, but cannot purchase the ticket on my own now and likely wouldn't be reimbursed if I could.

I have said, "Nope--look at the revised visitation plan--Let's stick to that." Non-custodial is now texting claiming I am lying, that I don't want child to visit, and trying to bait me into argument. I have said I'm not debating, the plan is on file and non-custodial has had it for over 6 months, and to let us know when arrangements have been made. Non-custodial is also supposed to give 14 days notice if choosing not to exercise visitation.

What do I do if the non-custodial refuses to make the travel plans and then files contempt charges claiming I withheld visitation? I cannot afford a lawyer or to travel back for hearings. (I should note that non-custodial makes twice what I do and does not currently pay any support, as that case is still pending.)

 

[army judge]

I cannot afford a lawyer or to travel back for hearings. (I should note that non-custodial makes twice what I do and does not currently pay any support, as that case is still pending.)

No worries, the NCP will hire a lawyer, schedule a hearing on the "revised" plan, and I suspect what you desired will be changed back to the original order.

What was done with the "revised" plan seems suspect.

Anytime such a case appeared in my court, I reversed it summarily and sanctioned the CP severely.

For your sake, I hope you hired a lawyer to make those changes.

If not, you desperately need one now.

 

[Custoutofstate]

No worries, the NCP will hire a lawyer, schedule a hearing on the "revised" plan, and I suspect what you desired will be changed back to the original order.

What was done with the "revised" plan seems suspect.

Anytime such a case appeared in my court, I reversed it summarily and sanctioned the CP severely.

For your sake, I hope you hired a lawyer to make those changes.

If not, you desperately need one now.

Why would that be, exactly? I read case law, followed it to the letter regarding timing of notice, mailing of notice and revised plan (required with notice to move) via certified mail with receipt, filed notice, plan, and receipt with the court and waited the required period before moving. I followed the state visitation plan guidelines and modeled my plan on sample plans. I followed the law. Non-custodial is not following it now.

 

[KatDini]

Most judges will make the moving party responsible for ALL costs of getting the minor child back to the NCP for visitation. Usually, that's how a CP gets permission to move away. I think you are in for a pretty big shock.

 

[army judge]

Why would that be, exactly? I read case law, followed it to the letter regarding timing of notice, mailing of notice and revised plan (required with notice to move) via certified mail with receipt, filed notice, plan, and receipt with the court and waited the required period before moving. I followed the state visitation plan guidelines and modeled my plan on sample plans. I followed the law. Non-custodial is not following it now.

You appear to have FAILED to get a court order, supporting your "plan".

Your "plan" isn't a court order.
Its what we called a "dream sheet", regarding our next assignment in the army.
It wasn't an order, just your wish list detailing your desires.
Funny thing, few ever got what they wished for, because a detailer at the Pentagon cut your orders, never looking at your "dream sheet".

You're in for a rude awakening, because you moved that child ABSENT a lawful court order.
I suspect that is why the NCP is howling today.