Heatherrae - Is this not ambigious as hell. Legal language of a the parenting plan...

[jh1]

1. Physical Cusotdy and Visitation: Custody, visitation and residential time for XXXXXXX with each parent shall be at asuch times as the parties shall agree. In the event that parties cannot agree Mother shall have visitation as set forth below in paragraphs 'a' 'b' 'c' 'd', Father having all other time as his custody. All of Mother's time shall be supervised by XXXX and/or XXXXXX until such time as the conditions in paragraph 18 are met.

18. Drug Testing: Both Mother and Father shall submit to hair follicle drug screens sometime during the third full week of September 2007, December 2007, and March 2008. Mother shall continue drug testing every 90 days for a period of 24 months following 3 consecutive negative drug tests in a 9 month period. If Mother has negative drug screens for three consecutive tests in a nine moth period her time with XXXXX as set forth in paragraph 1 shall be unsupervised. If at any time Mother has a postive drug screen her time with XXXXXX shall conitinue or revert to supervised time until she has three consecutive negative tests every three months for a nine month period.


Ugh.

I swear, lawyers are supposed to live by the details but fail to meet my standards every time.

This came from the guardian.

Okay.

1) Define 'Supervised' - I know that K will manipulate her supervisors into a situation that is practically unsupervised without some requirements - although I recongize we don't want to be exacting with requirements.

2) This is the silliest mistake - No lab / testing facility / test requirements (ISO Blah Blah) are layed out in P18, hell... if I knew I was gonna test positive I'd jsut take a home test with someone's clean hair and insist I met the requirements of the agreement.

Am I OCD, or is this shit legal language 101... I mean Fuck.

 

[jestro]

I've got a big ass parenting plan, that I thought spelled out everything. But there's a lot of wiggle room in there.
And you thought you were done with court huh? You can go to a moderator, that's a lot cheaper.

 

[jh1]

I've got a big ass parenting plan, that I thought spelled out everything. But there's a lot of wiggle room in there.
And you thought you were done with court huh? You can go to a moderator, that's a lot cheaper.

Our parenting plan is stardard outside of the drug testing and the, hopefully, temporary supervision. I try to remain optimistic that we can work out the details without it in writing - and we've actually been pretty good about it despite all the animosity - in terms of making changes to our schedules, watching our daughter for one and other when we have conflicts etc... it's been some time since we butted heads over that stuff.

 

[heatherrae]

Supervised means supervised. The person has to be in their presence.

I guess the guardian left out the name because it has not yet been determined who is going to supervise? I think you said that the judge said her mother the last time? If so, I would put it in there, and if she wants to throw a hissy fit to change it, let her file her own motion and waste her own money being recalcitrant.

I think that adding language that she will present herself to a local lab for drug screening would indeed be an improvement.

 

[jh1]

Supervised means supervised. The person has to be in their presence.

I guess the guardian left out the name because it has not yet been determined who is going to supervise? I think you said that the judge said her mother the last time? If so, I would put it in there, and if she wants to throw a hissy fit to change it, let her file her own motion and waste her own money being recalcitrant.

I think that adding language that she will present herself to a local lab for drug screening would indeed be an improvement.

The names of her mother / step father are in there, I didn't put them in my post cause ... well.... private. Okay that makes sense, then supervised in a parenting plan as it pertains to custody has an accepted definition...

One question I had for my attorney regarding 'supervision' pertained to transportation - could K get our daughter from Day Care and transport her to where her mother or stepfather were or would that have to be supervised as well - and she wasn't sure what the Guardian would say.

That's kind of to my point, it seems ambiguous as to what would be required to meet 'supervision' - to a layman that could mean simply calling in every so often to ensure everything is okay. Just seems open to manipulation to me.

 

[heatherrae]

The names of her mother / step father are in there, I didn't put them in my post cause ... well.... private. Okay that makes sense, then supervised in a parenting plan as it pertains to custody has an accepted definition...

One question I had for my attorney regarding 'supervision' pertained to transportation - could K get our daughter from Day Care and transport her to where her mother or stepfather were or would that have to be supervised as well - and she wasn't sure what the Guardian would say.

That's kind of to my point, it seems ambiguous as to what would be required to meet 'supervision' - to a layman that could mean simply calling in every so often to ensure everything is okay. Just seems open to manipulation to me.

No, calling in doesn't count.

The travel thing is a question that I'm not sure about. I think that technically the supervisor should be present, but if no one complains... that sort of thing.