My ex has been interfering with my parenting time by not allowing my son's stepmother to pick him up from school, during my time. I have to work. He is with his stepmom & 1/2 brother for about 2 hours before I get home from work. There is no reason for mom to be at pick up, but since finding out that his stepmom picks him up she has been showing up and refusing to release our son to her. I had a lawyer during the court proceedings but have since let him go because I cannot afford it anymore. As a courtesy, my lawyer sent her an email stating that I was within my legal right to provide after school transportation but she responded to him (in email) that she will still not allow it and will only release him to me. Mom is constantly interfering, which causes drama around exchanges. I have filed 4 visitaion violations with the DA since final orders were issued 3 1/2 months ago. "Given the judges comments throughout the proceedings", my (former) lawyer suggested that I file ex parte hearing. Child is technically not in danger, other than the emotional distress of having to witness his mom being unreasonable and dramatic. Looking for a second opinion.
Your former lawyer is correct in that you are able to have someone other than you pick up the minor child. I disagree with an ex parte, as what you describe is not an "emergency", i.e., that your child will suffer immediate or irreparable harm if the Judge does not decide the issue that day.
I'd suggest filing a motion (Request for Order) to clarify the exchanges, and get the Court to order specifically that anyone you designate is allowed to pick up your child; or, alternatively, an order that mom is not to be present at pickups on your days.
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