well, every since yesterday life around here has been nothing but stressfull. I am to get my hair colored tomorrow, so maybe an hour at the beauty shop will make me feel better! Yesterday started with trying to figure out if Anna and Sammy had taken their birthday money to school. Luckily, the issue was resolved and they hadn't taken their money to school. Now, I am going to solve that problem by putting it in the bank! Then when I am in the middle of changing the twins diapers/clothes the police pull in my drive way. Courtney was running naked in the living room as I answered the door. The officer was looking for Jason. I offered to call Jason at work, which I did and the officer talked to Jason via phone. The officer then had to drive to Ameren and serve Jason with court papers. Since the mail lady had left us a note that we had a certified letter to pick up, my dad came out to watch the girls so I didn't have to pack them up to go to the post office. Once I got the certified letter opened, this is what it said...
YOU WILL PLEASE TAKE NOTICE THAT the undersigned will bring on for hearing Plaintiff's Motion to Modify Visitation before the Honorable Glenn Eng at the Bon Homme County Courthouse, in Tyndall,South Dakota, on the 16th day of January, 2008, at 1:30pm, or as soon thereafter as counsel can be heard.
Dated this 2 day of January, 2008
COMES NOW the Plaintiff, Cathy Ratzlaff, formerly known as Catherine Boyle, by and through her attorney, Jason Ravnsborg and moves the Court to modify visitation as follows:
1. Cathy has signed an affidavit in support of this motion and it is hereby incorporated as if fully set forth herein.
2. The parties were involved in a relationship together.
3. As a result of that relationship one minor child was born, namely Jonah Arthur Boyle (DOB: 3-7-03)
4. On October 11, 2005, an order was entered that set visitation with one month of ten day visitation and the next month three visits and alternating thereafter.
5. Early in 2007, the parties could not agree to dates moving forward and a meeting was held with the Court and Mr. LeClair and Mr. Ravnsborg to establish dates in the interim before a court hearing could be set.
6. Subsequently the parties came to a compromise agreement wherein instead of the 10days per month one month and then three days the next month they would do a week each month.
7. Much discussion was undertaken if a week was seven days as Cathy contended or 8 days as Jason contended.
8. Eventually a compromise ws arrived at where half on the months would be seven days and half of the months would be eight days.
9. The stipulation was prepared by Cathy's counsel and sent to Jason's counsel for signature.
10. Jason's counsel took another position and moved out of town before this stipulation could be returned.
11. Upon information and belief, the parties essentially followed the agreement until they ran of agreed upon dates.
12. Cathy had suggested at the time of the stipulation that this yearly issue be readdressed at the time of Jason putting in his work schedule for 2008.
13. While this was agreed to in principal a date or timeframe was never received by Cathy.
14. Cathy does have some safety concerns regarding Jason's desire to transport the minor child via airplane since Jason is a newly licensed pilot and had to turn around on at least one occasion for exchanged visits causing hours of delay.
15. Cathy proposes the following dates for 2008:
Jan 20-26
Feb 16-23
Mar 22-29
April 20-26
May 18-24
June 7-21 (2 weeks each month in the summer)
July 6-19 (2 weeks each month in the summer)
Aug 9-16
Sept - none as Jason has indicated he does not want visitation this month
Oct 11-18 - none as Jason has indicated he does not want visitation this month
Nov 15-22
Dec 14-20
16. Cathy is seeking to have a set stable schedule for the minor child which is set evenly apart, to allow the minor child some consistancy.
WHEREFORE, Cathy prays as follows:
1. The Court set this matter for hearing;
2. The Court enter an order establishing a set visitation schedule utilizing the proposed dates from Cathy;
3. The Court establish a schedule for 2009;
4. Alternatively, the Court set a review hearing for 2009 dates;
5. The Court order that Jason not transport the minor child by piloting an airplane until such time as Jason demonstrates to the Court a higher level of experience;
6. The Court grant Cathy her attorney fees, costs and sales tax incurred herein.
7. The Court grant such other equitable and just relief.
The second notice states....
Cathy Ratzlaff, being first duly sworn upon her oath, deposes and states as follows:
1. Cathy is the plaintiff in this matter adn the mother of the minor child, Jonah Arthur Boyle (DOB:3-7-03)
2. Cathy is seeking to have some consistency for Jonah and also for herself in regards to visitation.
3. Cathy does not want to argue over visitation and dates as she wants Jason to be involved in Jonah's life.
4. Cathy and Jason agreed approximately six months ago to some dates after many hours of negotiations personally and through attorneys.
5. Cathy thought we had an agreement and understanding to move forward and then establish the 2008 dates when Jason put in for his employment schedule.
6. Cathy has not heard anything with regards to when that schedule is submitted by Jason or through counsel.
7. Cathy does have concerns for safety with Jonah flying in an airplane as Jason only recently received his pilot's license.
8. Cathy had to wait on a couple of occasions for a number of hours for Jason to complete visitation as Jason was not able to make it by plane after starting.
9. Cathy believes that Jason should have more experience before flying with Jonah aboard.
10. Cathy has proposed a number of dates which have been rejected by Jason.
11. Cathy proposes that visitation be held on the following dates in 2008:
Jan 20-26
Feb 17-23
Mar 22-29
Apr 20-26
May 18-24
June 7-21 (2 weeks each month in the summer)
July 6-19 (2 weeks each month in the summer)
Aug 3-9
Sept - none as Jason has indicated he does not want visitation this month.
Oct - none as Jason has indicated he does not want visitation this month.
Nov 26-29
Dec 27- Jan 3
12. Cathy believes that Jonah's schooling is an important part of his life and some of the proposed dates of Jason cause Jonah to miss a number of days of school.
13. Cathy seeks to ahve a long term schedule established by the court or a review hearing in a year or when Jason applies for his work schedule for the year.
14. Cathy is seeking to have a set stable schedule for the minor child which is set evenly apart, to allow the minor child some consistency.
signed by Catherine Ratzlaff
Ok, now that I have all of that spelled out, I am off to work on Jason's requests.
Annie and Sammy went with their Grandma Diane today. We are to go to the Rodeo tomorrow night. I really think that the kids will have fun. I will post more on all of the court stuff and I will try to post after the Rodeo tomorrow night.
God Bless Everyone
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3 comments:
I am frustrated for you! UGH! All of this is over Jason not wanting to drive on your birthday, right?
The judge is going to see right through her! How annoying!
So sorry you are going through this!
I agree with Debi CC - no way this is even a little legit! And ps if you have a license to fly you have the experience required. There's no rule you have to fly for 27 years before you can fly a child! Ridiculous!
All I can say to this is I hope you win this court case. She's a fruitcake.
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