A judge ruled against the Rehab Addict star in a recent court order meant to resolve Shane Maguire's complaints against Curtis "dictating" his time with their two-year-old son, Harper, according to Oakland County, Mich. court documents obtained by RadarOnline.com.
"Despite the heroic efforts of the skilled attorneys representing both parties, it is clear that the father's alternate weekend parenting time provision…falls far short of its intended goals," the judge wrote in the papers explaining that that their current arrangement "does not provide" any consistency for Harper when he is with Maguire, as Maguire is expected to travel wherever Curtis is that weekend.
"This is not in the child's best interests," the judge slammed, noting that Curtis and Maguire both have the "inability to resolve the scheduling conflicts between their careers and personal lives" to benefit Harper.
The judge ruled that Maguire, 52, no longer has to travel to where Curtis, 40, is with Harper if she is not in Michigan during his scheduled pick up time. Instead, Curtis must deliver Harper to Minnesota or make him available in Michigan at her home. Curtis also has to fly with Harper to Minnesota and drop him off Maguire's home during his scheduled time as well.
In the event that Harper is sick, Curtis must get a doctor's note that "specifically states the diagnosis and a clear directive stating that the child is unable to travel by plane." Then, Maguire can either travel to Michigan to spend time with Harper regardless of his illness or he will be entitled to make up parenting time on whenever weekend he pleases — as long as he gives Curtis five days' notice.
If the reality star refuses to abide by the judge's order, Maguire will get twice the parenting time he was denied — and can use it whenever he wants within five days' notice. She will also be responsible for paying for and bringing Harper to Maguire's home for the makeup time. If the parties have to duke it out in court, Curtis will have to pay for all of Maguire's expenses — including attorney's fees and travel costs.
If those sanctions aren't enough for Curtis, "the court may consider this to be an unwillingness to co-parent and foster a good relationship between the child and father and find a change of circumstance warranting a hearing to consider a change of custody, parenting time, or both."
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