I would suggest you contact your client immediately and tell her today can in no way be considered part of /any/ Easter holiday. Also, let her know that I /will/ be going to get my kids back. Either she can turn them over peacefully or start a scene. It’s her choice. The police have been notified and fortunately they don’t believe her lies anymore. She can’t hide behind this bullshit PFA anymore.
I should have been nicer about it, but I was so frustrated that I let my anger show. Tonia then called me and argued that the agreement allowed Rita to have the kids all those days, and I said it did not. Tonia then sent the following message to Wanda.
I have been in Court all day and just got into the office. I just got off the phone with Mr. Mockensturm and tried to explain that the September 4, 2014 Court Order allows for my Client to have the children as this is her year to enjoy the holiday break with them. Pursuant to the Court Order, paragraph 2.e.ii., my Client has the children from the day school is out until Sunday evening at 8:00 pm. I tried to explain to Mr. Mockensturm that the holiday schedule supersedes the parties’ regular periods of physical custody and encouraged him to please contact his attorney Rose Kauffman.
Unfortunately, Rose was no longer my attorney as I did not have the financial resources to pay her. However, I spoke to her about the entire issue, and she suggested that I just let Rita go and file a contempt of court petition, which I did. I responded to Wanda and Tonia with:
This is one interpretation of the order that is unfortunately inconsistent with the rest of the order. In being consist with other parts of the order (and with the plaintiffs agreed upon interpretation of the order) mother is supposed to have the Easter holiday. It is Thanksgiving that affords the time from the day school is out until Sunday evening.
I do understand you are not the judge but I wanted this issue, and pleaded to have it, resolved before now.
and then to Wanda with:
I am very sorry for my frustration that likely showed in the previous emails. I desperately wanted to have this heard before it came to a boil. Unfortunately it just boiled over and there is nothing I can do. There are two petitions on file that need to be heard. The first is the Special Relief petition that was supposed to be heard last week. The other is a Contempt of Court petition I filed yesterday.
Forgive my naivety as I am still trying to figure out which rules of the court are enforced and which are not. Regardless, I am learning a great deal about our legal system, the challenges it faces and the inevitable shortcomings.
Hopefully I will get better at these games and not get so frustrated when they seem incomprehensible.
The entire issue came down to punctuation; although even adjusted, the meaning of the order would be apparent to any reasonable person. The order states:
Alternating holidays as follows:
I. In 2014 and all even years, Mother shall have Memorial Day; Labor Day; and Christmas, from the day school is out until December 27 at 6:00 p.m.
II. In 2014 and all even years, Father shall have Easter; 4th of July; Thanksgiving; from the day school is out until Sunday evening at 8:00 p.m.; and Christmas from December 27 at 6:00 p.m. until the day before school begins again at 8:00 p.m.
III. The schedule shall reverse in odd numbered years.
This schedule seemed pretty clear to me, and I think everyone involved. However, note a comma after “Christmas” in the first clause and a semi-colon after Thanksgiving in the second clause. Tonia argued that “from the day school is out…” applied to Easter and Thanksgiving. This interpretation could not have been what Pam intended as then the clause would also apply to “4th of July,” which would be nonsense.
Later, the email I sent to Tonia containing, “She can’t hide behind this bullshit PFA anymore” was used against me at a PFA violation hearings to show that I had no respect for the PFA system or the court. Unfortunately, that was true then and is even more true today.