Joan Doe and John Doe, Sr.
John and Jane Doe
Now comes the Plaintiffs in the above-entitled matter and make the following statements, allegations, and demands:
1. Plaintiffs Joan Doe and John Doe, Sr., who reside at #Street, City, County, State, are the paternal grandparents of one minor child, Joanna Doe, who presently resides at # Street, City, County, State, with her biological mother, Jane Doe. Plaintiffs Joan and John, Sr., are octogenarians.
2. Defendant Jane Doe, who resides at # Street, City, County, State, is the biological mother of said minor child.
3. Defendant John Doe, who resides at # Street, City, County, State, is the biological father of said minor child.
4. The minor child, Joanna, is the natural child of Jane and John Doe, and has not been adopted.
5. The minor child's parents have been separated since August 2006 and are currently parties to a divorce action entered in this Court as Doe v. Doe, Docket #_________, held for trial by the Honorable _________ [insert judge's name if you know it; otherwise put a period after the word "trial"].<> 6. While the biological parents were living together, the Plaintiffs actively and consistently participated with the minor child: to wit: said minor child regularly both visited with the Plaintiffs and spoke to her grandparents on the telephone. Further, the minor child visited and/or enjoyed the company of her grandparents regularly and on various holidays such as Christmas and Thanksgiving Day and Easter and on birthdays.
7. Since the separation in 2006 of the biological parents, Defendant Jane Doe has refused to allow the minor child to visit with the grandparents or other paternal relatives at any time -- with the exception of Saturdays when John Doe, Sr., supervised the visitation of John Doe with his minor child -- has refused:
a. to allow the grandparents or any of her paternal relatives,
b. to allow the grandparents to visit with the minor child at a
c. to allow the grandparents or other paternal relatives to take
8. Because of a prevailing charge, which the biological father contends is a false allegation of sexual abuse, Defendant Jane Doe has refused to allow the elderly grandparents to see the child on the unreasonable and unsupportable pretext that the grandparents, who are in their eighties, or other paternal relatives, such as Aunt Henrietta, would discuss the topic of sexual abuse with the young child Joanna.
9. Plaintiff grandparents say Jane Doe's alleged fear is a pretext to sever the relationship of the minor child with the paternal grandparents and other relatives on the father's side of the family.
10. Defendant Jane Doe appears to lack the common sense to allow the child Joanna to enjoy and love and respect and remember her aging grandparents, who are now in their eighties, while they are here, to enjoy as much of her family as possible, and to partake in the joy of the holiday spirit.
11. By her conduct, Jane Doe is causing the child Joanna continual
harm and damage by denying Joanna access to and knowledge of her
family, by unconscionably teaching Joanna to fear her father's family,
by projecting Jane's own delusions and depression upon the child, and
taking the Spirit of Agape out of the Spirit of the Holidays: the
being done to the child by Jane Doe's distorted perception of reality
great. This is life, this is not merely the damage done by the
misanthropic "Grinch" in The Grinch Who Stole Christmas.
is not storybook-time. This is permanent damage to a young
Her father's family is her family for the rest of her life. To
that relationship is unconscionable, unforgivable; the relationship
1. THROUGHOUT EACH YEAR
Every other Sunday from 9 A.M. to 5 P.M, commencing with the Plaintiffs next full weekend following the institution of the within specific rights of visitation.
B. Easter day visit to grandparents' houseC. Thanksgiving day visit to grandparents' house
a. one full day in alternate years, or
a. during odd-numbered years (e.g., 1983) on Thanksgiving
b. during even-numbered years (e.g., 1984) on Thanksgiving
3. SCHOOL VACATION PERIODS
A. Two midweek
Christmas school vacation each year thereafter
B. Two days midweek during February or Winter vacation week each year
C. Two days midweek during April or Spring vacation week each year
D. Two days midweek summer vacation each year
The minor child's birthday each year from 3:30 to 7:00 P.M. each year, or some other mutually agreeable hours to be agreed upon with at least one-week notice by either Plaintiffs or Defendant of the desire to change the aforesaid specified hours, said time will not interfere with the minor child's schooling.
5. TELEPHONE COMMUNICATIONIn addition to all of the above, the Plaintiffs shall have the right to talk to the minor child on the telephone at any and all reasonable times. The Defendant shall not discourage the child from calling the Plaintiffs at any and all times the child wishes to and the Defendant shall have the child available and accessible at all times that are reasonable and appropriate to receive the Plaintiffs' telephone calls.
The word "reasonable" can be treacherous.
Everyone's definition of reasonable can be different.
The word reasonable also does not allow a Complaint for Contempt to be successful, for the order is not clear and unequivocal.
So try to be as specific as possible.
Use the word reasonable as infrequently as possible.