childs rights to refuse?

[Whyte Noise]

I am verry surprised to read that someone has told OP the police can and will physically force her to go on a visit if she refuses to go!!! Perhapse it depends on what state a person lives in. But I do know that in PA and NY poilce can not get involved in a coustody/visitation issue. They will come to the location if they are dispatched. But all they can do is advise the child that if he/she refuses to go that a report will be filed with the court. At that time the judge will schedual an evidedtary hearing to hear the issues and then make a ruleing. But in a case reguarding a 16 yr. old refuseing a visit it is almost unrealistic for a judge to find contempt on the mothers part and if he dose it would be unrealistic for a first time offence to be dissaplined in any way other than a warning.
OP- If you look arround on this site for a while in the pre answered question section you will most likely find all the answers you are looking for. Good luck!

And in Missouri, law enforcement is ordered by statute to physically remove a child from a parent if the other parent can produce a court order showing it is THEIR time with the child.

Different states, different laws. OP's state is Oregon, so giving her advice based on another states laws is not only irrelevent, it's also dangerous. What if Oregon hsa a statute like Missouri? What then?

The fact is, there is a court order that says the child is to visit on X days for Y number of days. The ONLY thing that can change that is another court order. Until such time, the mother can be held in contempt for her child's actions because the child is a minor.

And to guest123:

And by all means, he and she should try to work it out without threatening someone who is not party to this (the mother) with jail time or fines.

Uhmmm.. the mother and father ARE the parties to the action, and the only parties to the action. The child isn't. On those custody papers it lists mom or dad as Plantiff, and mom or dad as Defendant. Nowhere does it include the child as a party to the action.

 

[stealth2]

In addition, OP has yet to let us know whether her Dad lives in OR as well, and if not - which of the two states is the originating state of the order. Saying "well in MY state" is completely counterproductive as these sorts of things are state-specific. It is also possible that an individual order carries with it verbiage instructing law enforcement to intervene and "force" the child to go.

Is it likely that the first time the child refuses a court will throw Mom in jail? No. But we really don't know if this woudl be the first time in contempt or not, do we? My kids don't know the details of our trips to court - OP may not either.

It's great that people want to help. Less so when they bollucks up the job.

 

[dallas702]

That's why I said to petition the court (whichever state is appropriate). In OR you will likely have an agency that wil provide the forms or format so you can do it without an attorney (if you don't have the bucks). This isn't rocket science.

Try this site http://www.findlegalforms.com/xcart...ation&OVKEY=custody visitation&OVMTC=advanced

or, search under "oregon custody visitation"

Or, just call the courthouse.