Civil Suite/Denied Visitation

[difficult3]

What is the name of your state? Pennsylvania and Missouri

My fiance and I are about to fly to Missouri to see his children for his first court ordered visitation. As we predicted...she is now setting up the kids to be too sick to see their father. It was suggested that if this happens we should file a civil suit to get back the travel costs. (The court order for a visit came from Missouri) Which state would have jurisdiction?

 

[Ambr]

Does the court order detail information about re-scheduling visitation and costs? Just asking because my MO order did.

I would mention to CP that dad is capable of wiping a nose and dispensing medicine too.

 

[difficult3]

Two problems here:
1) This ordered visit isn't part of a custody agreement. The judge ordered visitation because she was keeping the kids from him while they were hashing things out in court. He hasn't seen them since Dec 9th.

2) She doesn't care about his capacity as a father. She'll use the fact that he would be taking the son to a hotel as a reason to deny the visit.

 

[Ambr]

You live out of state, where else is the visitation suppose to occur?

Let me guess.......you can fly in, pick up child(ren), fly out and return the next day. HA! Not gonna happen. She would have a hard time convincing a judge that visitation should not be allowed because it would happen in a hotel.

You have a MO custody order, right? Fly in, attempt visitation. If she denies visitation -- you can file a FAMILY ACCESS motion for the denied visitation. That is something you can file on your own without a lawyer. It seeks relief for compensation of visitation time, and expenses.

CP would be in deep considering this visitation was makeup time from being denied. And she was denying again. Showing a pattern of interference with visitation and child/father relationship. Could turn into grounds for modification of custody.

 

[difficult3]

We don't have a custody agreement yet. It has been dragged out between the two states for almost two years. So...because there was no binding agreement, she was only randomly letting him see the kids. She hasn't given him a visit since December...so the judge ordered visitation for this weekend. That's all we have so far.

I'm saying she would argue that he shouldn't bring a sick child back to a hotel.

What if she only denies Saturday and the kids "recover" on Sunday. Is that still contempt?

 

[Ambr]

Even if it is just for one weekend - it was courted ordered visitation. If dad travels down, goes over to pick them up and she denies him this visitation (which a judge says he is entitled to) it is a violation of the court order and yes, dad could file for contempt.

The Family Access Motion, is a "less formal" motion that would get you the same results. Make up visitation. They have on-line forms on the Missouri Bar Law Page. Step by step instructions on how to fill them out and how to file. It costs like $90 for costs. That includes them serving her. Nothing to it. You both show up, with or without lawyers. The judge talks to each of you, interviews witnesses, etc.

But dad would have to go and be denied first.

 

[difficult3]

We have a lawyer..THANK GOD!

If she says they are too sick Saturday but lets him see them Sunday...is it still contempt?

 

[Ambr]

You can creat and invent any number of possible scenarios, and I know the mind games that can run through your head when you are expecting the worse to happen. The ex pulls this stunt or that stunt, and what if this happens. But you can't let it get to you.

Look at it from this point....

The tickets are already purchased and You don't know what exactly will happen, until you try. Maybe you will get lucky and everything will be smooth sailing.

If she doesn't allow the visitation to take place, the time and date that the judge ordered, then she is in violation of the order.

 

[MinCA]

If it's ordered to be Saturday to Sunday overnight, and she doesn't let your husnabd have the children until Sunday, she is in contempt for not letting him take them at the court-ordered time. If the child is to sick to go to a hotel for the night-that is for your husband to decide.

 

[difficult3]

is it legally for him to decide?