Email 1:
Todd,
I tried to reach you via phone this morning but did not have any luck.
There are a few things I needed to talk to you about so I am just going to send them in this email. I do not have a computer at this time. It died on me again yesterday morning and right now I am at the library sending this out.
December 4th is Adam Christmas Concert. I do not have a time yet for it though. I am going to guess it is somewhere around 7 PM but am not completely sure. As soon as it comes home I will let you know the time.
December 9th is my dad's Christmas party and I want to know if it is okay if I pick Adam up around 11 that day and take him to the movie with the rest of the family. Also I would bring him back as soon as the movie is over. Please let me know ASAP because my dad has to put in the request for the tickets in the next day or so.
December 22nd and 23rd are the family Christmas parties (Wetzel and my immediate family). So instead of you picking up Adam from school on the 21st you will pick him up the morning of the 24th.
We still need to work out the details for the Christmas break as well and I would like to get that done as soon as possible.
Also this date is not set in stone but I will know better next week on the 26th. The doctors have been talking about inducing me on the 11th of December. I want to make sure that it is okay for Adam to stay with you while I am in the hospital having her. Obviously I could go into the hospital prior if there are more complications but I want to get that set up with you as soon as I can. If it isn't going to be okay then I will just have him go where Kyle is going; which is fine but I thought you might like some extra time with him.
Unless you are able to get back to me in the next 40 minutes - I will not get the response to your email until tomorrow (the 20th).
Thank you,
Amy
Email 2:
Amy,
Sorry you couldn’t get a hold of me on the phone. It’s probably better to put this in writing so we can discuss each one separately anyway. I will reply to your email inline below... (edited by Amy to add - *** indicate his response)
Todd,
I tried to reach you via phone this morning but did not have any luck.
There are a few things I needed to talk to you about so I am just going to send them in this email. I do not have a computer at this time. It died on me again yesterday morning and right now I am at the library sending this out.
December 4th is Adam Christmas Concert. I do not have a time yet for it though. I am going to guess it is somewhere around 7 PM but am not completely sure. As soon as it comes home I will let you know the time.
*** Thank you for that information.
December 9th is my dad's Christmas party and I want to know if it is okay if I pick Adam up around 11 that day and take him to the movie with the rest of the family. Also I would bring him back as soon as the movie is over. Please let me know ASAP because my dad has to put in the request for the tickets in the next day or so.
*** December 7th, 8th, and 9th is the first full weekend of December. So as far as I know, you would have had him that weekend anyway. So I don’t suppose there will be an issue.
December 22nd and 23rd are the family Christmas parties (Wetzel and my immediate family). So instead of you picking up Adam from school on the 21st you will pick him up the morning of the 24th.
*** The Powers Family Christmas was scheduled for December 22nd, because that was a weekend that I was going to have Adam. My mother had expected us to come up on the 22nd, and then stay over for the 23rd to have our individual family Christmas that day. I don’t want Adam to miss Christmas with either of our families. As a compromise, I can probably convince her to have our family Christmas on the 21st instead, so I can have Adam back to you by the evening of the 22nd, so he can participate in your immediate family Christmas. I just need to know that you will let me have him on the afternoon of the 20th, so we can go up to my parents that evening.
We still need to work out the details for the Christmas break as well and I would like to get that done as soon as possible.
*** Well, Christmas is my holiday this year. The schedule that was defined, indicated that I would have him from Friday, the 21st through the morning of December 31st, with the exception that he would come over to your house on the 25th for your immediate family Christmas. He would be with you for New Years, and the remainder of his Christmas break. However, since you are going to need Adam on the weekend of the 23rd, we may need to trade a day. Let me know what day you want to trade.
Also this date is not set in stone but I will know better next week on the 26th. The doctors have been talking about inducing me on the 11th of December. I want to make sure that it is okay for Adam to stay with you while I am in the hospital having her. Obviously I could go into the hospital prior if there are more complications but I want to get that set up with you as soon as I can. If it isn't going to be okay then I will just have him go where Kyle is going; which is fine but I thought you might like some extra time with him.
*** As far as I know, that will be okay. You have him the weekend of the 7th, 8th, and 9th, which means I would have him on the 10th anyway. I can just keep him for the week if that would be more convenient for you.
Unless you are able to get back to me in the next 40 minutes - I will not get the response to your email until tomorrow (the 20th).
Thank you,
Amy
Email 3:
Todd,
I am not going to reply section by section but I am going to address some of the issues...
While we were in mediation we agreed to split Christmas break evenly. You also agreed to work with me regarding my family holiday times; with it being said that the Wetzels are now celebrating Christmas the Saturday PRIOR to Christmas. I recall you saying something about what if Christmas Eve falls on Saturday and Christmas falls on Sunday and being told that if it was your holiday that year - you would triumph working with the family Christmas on my side. So you were aware of when the Christmas would be on August 22nd this year.
Then again on October 6th I sent you an email regarding the Christmas holiday's with a proposed schedule and the dates that I would be needing Adam for the Christmas season. You replied on October 9th with you not having time to discuss it due to you seeking out homes and so on. Then you also let me know that you sent a proposed visitation schedule. So you go from telling me you have no time to discuss what I sent you to I need to find time to discuss what you sent me.
Then I sent you another email on November 19th. I get your response on the November 20th with things that are just not acceptable. You were more than aware of the time frames I would be needing Adam. You have Adam Christmas Eve and Day this year. I can not help if your mom was planning on you being there - you should have told her back in August and then again in October that you would not have Adam the weekend prior to Christmas.
There has not been a defined schedule for when you will have Adam. I have been trying to get your to define with me a schedule since October 6th and you refused to do so. So I am not sure where you get that the "defined" schedule is for you to have Adam from the 21st until the 31st. I sent nothing to you that was even close to that. Even if that is what you sent to your lawyer - I have never agreed with you for that to be the schedule.
I have been more than willing to work with you on this schedule but you have not been all to willing to work with me as you eluded to in your email from October.
At this point in time we are going to go with a schedule similar to the first one I sent you. I have enclosed it below so you can work out your family holidays with it in front of you.
Amy:
December - 22, 23, 29, 30, 31
January 1, 2, 3, 4
with pick up in the early AM on the 24th and 29th and Noon on the 5th
Todd:
December - 24, 25, 26, 27, 28
January 5, 6, 7
with pick up in early AM on 24th and 29th and Noon on 5th
I still do not have the time for Adam's Christmas Concert.
I do need to know if you would be able to get Adam to school the morning of December 10th. I would drop him off at about 7:20 in the morning. I have an appointment that I need to be to by 8 that morning. Then if all goes well with that appointment they will be inducing me on the 11th and Adam would need to stay with you for the time I am in the hospital. I won't know for sure though about the 11th until later in the day on the 10th but I will be sure to tell you as soon as I can.
If you have any questions please let me know.
Amy
Email 4:
Amy,
The defined schedule was sent to your lawyer over two months ago. Your lawyer requested that of me and I complied with his request. I wanted to work on a schedule with you, but was told that was not an option and I just needed to provide a schedule, laying out all of the days of the year. Check with your lawyer regarding that. He has the schedule, whether or not he has shared it with you.
The schedule that you provided is not a “split” schedule for Christmas break, as we had agreed to in mediation. We are supposed to split the holiday evenly. The schedule you provided only gives me two days. That is not what we agreed to.
The weekend of the 22nd is my weekend. I was offering to split that up for you so that Adam could participate in both Christmases. You can’t possibly demand that I give up my weekend. If you are going to do that, then I guess I won’t offer to split the weekend with you at all.On the other hand, if you want to work with me, we can come up with a schedule that will work for both of us. You’ll have to talk with your family and see if you can move the immediate family Christmas around so that Adam can be there. Since it is only you and your brothers and sisters, that is obviously more flexible than expecting me to get the entire Powers family to move their date.
If you want to work with me on this, I will be happy to. But I’m not going to sit here and take orders from you.
Adam’s Christmas holiday is to be split 50/50 between you and I.
The weekend of the 22nd and 23rd is my weekend. If you want Adam on the 23rd, that is fine, but I will need to pick him up after school on Thursday the 20th in return, so that we can get up to my parents and celebrate Christmas with them on the 21st.
I’m offering to compromise. I’m sorry if it doesn’t match your plans exactly, but it doesn’t match my family’s plans exactly either. We’re BOTH going to have to budge a little bit here.
-Todd
Email 5:
Todd,
Just because my lawyer asked for what you would like defined as a visitation schedule does not mean that it was agreed to. So that does not make what you put on paper set in stone. As for knowing about this - you told me a while ago you sent it and I asked you to send it to me and you have yet to do it. So no I have no clue what was on it.
I am not sure how you figure you only get two of his days with the schedule that I sent to you. Here are the days I put down for you.... December 24, 25, 26, 27, 28, January 5, 6, 7 - that would be more than 2 days.
As for when is your weekends - we have nothing set in stone. We have nothing that has been signed off as a temp order or permanent order for visitation at this point in time.
You have been aware for a long time now about when the holiday for my family was. You have him for both Christmas day and eve; which you have known about since August 22nd. So why your parents would switch the day that they normally do the Powers' Christmas is beyond me (Christmas Eve for the full 10 years we were together) when she knew you would have Adam on those days.
Adam is not missing school. He would miss his holiday parties and other things if you took him on the 20th. It is not an option. He is not missing school for a day when he has a 16 day break!
As for me not working with you - I have been trying to work with you on this issue since October 6th and you have refused.
-Amy
Email 6:
Amy,
I attempted to work with you to come up with a schedule and you told me that there should be “no further communication directly with you”, and that “everything would have to e handled through your lawyer”. So I talked to my lawyer and asked her to get things facilitated. Your lawyer required that I simply define the schedule. That’s what I did. That’s what was agreed to. Whether or not your lawyer shared this information with you or not, is none of my concern. It sounds like you have a communication problem with your lawyer.
Why and whether the Powers family decided to change their typical Christmas celebration day, is really none of your concern. But if you must know, it is because most of my cousins have kids of their own and it is much too difficult for everyone to get all of the kids packed up and back home by Christmas eve. So the family decided to change it this year. If you have a problem with that, you can take it up with the Powers family in general, not me. It is not me that decided on the date.
The schedule that you outlined is not even accurate. I still get Adam on the weekends, like I normally would. The remainder of the week days during Christmas break are supposed to be split between you and I. The schedule that you have outlined includes you having him for both weekends. I’m sorry, but I’m not going to give up my weekends. If you want him the weekend of the 29th and 30th, in place of the first weekend in January, I will be happy to swap those for you, but that would mean that I would have Adam on the 31st. (The Monday after your weekend) Since you are supposed to have him for New Years, that really doesn’t make sense to switch.
Regardless. I have Adam the weekend of the 22nd and 23rd. If you would like to have him on the 23rd, I will need to find another time to have our immediate family Christmas with my Mother, Father, Tim, Ann, Adam, and I. I am willing to find another time for that so that you can have him on the 23rd. However, I doubt that there is any other good option, other than the 21st. (Friday) Neither my brother and Ann, or Adam and I would want to make the trip all the way up there to Hart just for one day. It should coincide with the Powers family Christmas on the 22nd.
I’m trying to be flexible here and work with you. You said you wanted him on Sunday. I don’t have a problem with that, but our Christmas is on Saturday. So I can not trade both days away.
I’m sorry if that is not exactly what you were hoping for, but it is the best that I can offer. Please understand that I am trying to work with you here.
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