PLEASE HELP!!!!!!!

[Blondie1798]

I have court ordered visitation of my son every other weekend and my ex keeps telling me that i can't see him again until i take him back to court. Sometimes I go months without seeing my son I need some help about what to do. I thought of writing the Judges here in P.C. FL. My ex has been in contempt once before but now i don't know what to do.

 

[LadyBlu]

I have court ordered visitation of my son every other weekend and my ex keeps telling me that i can't see him again until i take him back to court. Sometimes I go months without seeing my son I need some help about what to do. I thought of writing the Judges here in P.C. FL. My ex has been in contempt once before but now i don't know what to do.

Then document each time you are refused visitation and petition the court for contempt of court (interference of visitation).

It could be enough to get the custody changed also if your ex is refusing visitation.

I would hire an attorney immediately..

 

[glp9986]

Take a copy of your court order and a policeman with you the next time you go to get your son. If you have a court order saying you have the right to pick up your son at a designated time, then your ex must let you have him and unless he wants to be arrested, he will. I'm sure seeing a cop will shake him up. Above all else, document everything!! By all means, begin contempt of court charges. He IS in contempt, he IS violating court orders and he IS in a position to lose everything. Get an attorney immediately.

 

[LegalBeagle]

Take a copy of your court order and a policeman with you the next time you go to get your son. If you have a court order saying you have the right to pick up your son at a designated time, then your ex must let you have him and unless he wants to be arrested, he will. I'm sure seeing a cop will shake him up. Above all else, document everything!! By all means, begin contempt of court charges. He IS in contempt, he IS violating court orders and he IS in a position to lose everything. Get an attorney immediately.

It is unlikely he will be arrested.. but the police will file a report.

 

[stepmom&mom]

Ok. So, I know this is an old post to rehash. But I have a similar situation to this. As you may know, my husband has been visiting his daughter at the mother's house for some time (per the visitation order.) Several times, she has denied visitation to us and we have documented it and sent her certified mail regarding the denied visitation (also CC'ed the info to both lawyers and the county court clerk.) Anyways, my question is regarding this: The CP is stating that "according to her records" visitation did not start until November 13th, and, of course, this is false (it actually began on October 23rd.) We are supposed to continue with this supervised visitation for eight weeks and then we start getting unsupervised visits in our home. Coincidentally, according to the date she claims visitation began, we won't get unsupervised visits until the week after Christmas (how convenient.) So, we intend to take her to court for contempt when our eight weeks is up after December 12th. The CP says her mom is "witness" to the fact that visitation didn't occur before November 13th. My question is, when we go to court, and it is clearly obvious that when visitation began is a matter of her word against ours, what would the judge most likely do? I know that this is a hypothetical question, but I'm wondering what else we can do to convince the judge that we began visitation prior to that date? The order was established effective October 14th.

 

[LdiJ]

Ok. So, I know this is an old post to rehash. But I have a similar situation to this. As you may know, my husband has been visiting his daughter at the mother's house for some time (per the visitation order.) Several times, she has denied visitation to us and we have documented it and sent her certified mail regarding the denied visitation (also CC'ed the info to both lawyers and the county court clerk.) Anyways, my question is regarding this: The CP is stating that "according to her records" visitation did not start until November 13th, and, of course, this is false (it actually began on October 23rd.) We are supposed to continue with this supervised visitation for eight weeks and then we start getting unsupervised visits in our home. Coincidentally, according to the date she claims visitation began, we won't get unsupervised visits until the week after Christmas (how convenient.) So, we intend to take her to court for contempt when our eight weeks is up after December 12th. The CP says her mom is "witness" to the fact that visitation didn't occur before November 13th. My question is, when we go to court, and it is clearly obvious that when visitation began is a matter of her word against ours, what would the judge most likely do? I know that this is a hypothetical question, but I'm wondering what else we can do to convince the judge that we began visitation prior to that date? The order was established effective October 14th.

I recommend that you don't play games with it. Your husband is going to be dealing with this for the next X number of years. The less game playing he does the better. Plus, if you do go to court the contempt should be clear cut and without ambiguity. (spelling arg!)

 

[tigger22472]

Take a copy of your court order and a policeman with you the next time you go to get your son. If you have a court order saying you have the right to pick up your son at a designated time, then your ex must let you have him and unless he wants to be arrested, he will. I'm sure seeing a cop will shake him up. Above all else, document everything!! By all means, begin contempt of court charges. He IS in contempt, he IS violating court orders and he IS in a position to lose everything. Get an attorney immediately.

This isn't always true. MOST of the time cops do not want to be involved and will do nothing more then file a report and that's all. They will not get in the middle and force anyone to do anything in most cases. Besides, judges don't always look kind to that either because more then likely this will happen in front of the child and that's not healthy.

 

[stepmom&mom]

I recommend that you don't play games with it. Your husband is going to be dealing with this for the next X number of years. The less game playing he does the better. Plus, if you do go to court the contempt should be clear cut and without ambiguity. (spelling arg!)

Oh, I definately agree. I'm just wondering if the judge his decision based on the CP and her mom's word. What I'm hoping, is that the judge will be irritated that this case is in his/her court and just give us standard visitation so that he/she doesn't have to see us again.

Shawna

 

[markf2145]

Most of the time the Police will only stand by and keep the peace, they do not enforce court orders or arrest anyone for violating them. On the other hand, some states such as Illinois, do have laws such as "visitation Interference", this is where the CP refuses to let the NCP see or take the child(ern) on the court specified days/times. This law was enacted because MANY CP (mostly female) were withholding the children from the NCP (mostly men) until they got whatever money they were entitled to or they thought that they were entitled to.

Short of a similar law, as indicated above the Police will only document the incident in a report.

 

[casa]

In CA police certainly do enforce court orders of visitation. They will meet you at the residence to enforce return or pick up. I have used them before for this purpose. How messy it would have been had they not helped. Consider me grateful

 

[LdiJ]

In CA police certainly do enforce court orders of visitation. They will meet you at the residence to enforce return or pick up. I have used them before for this purpose. How messy it would have been had they not helped. Consider me grateful

Yes, the police will often do a "civil standby" however that doesn't mean that they can actually FORCE the parent to turn the child over if the parent isn't intimidated by their presence. Nor does it mean that they can arrest the parent.

 

[LdiJ]

Oh, I definately agree. I'm just wondering if the judge his decision based on the CP and her mom's word. What I'm hoping, is that the judge will be irritated that this case is in his/her court and just give us standard visitation so that he/she doesn't have to see us again.

Shawna

Ok...you are playing with the order. This is an order to that is being used to re-establish your husband's relationship with his child. He is supposed to complete 8 weeks (the order actually says 8 weeks or longer) of supervised visitation before starting unsupervised. It isn't the dates that are important here, its the actual amount of time that he spends with the child.

If he takes it back to court without completing 8 straight weeks of supervised visitation with the child its not going to make him look good to the judge....nor is it likely to make the judge just up and give him standard visitation.

Follow the order. Don't play with it by trying to use technicalities to shorten any of the steps. Remember, this is all about the child and re-introducing the child to a parent who was previously out of the child's life. Do what is best for the child (which the judge believes is this order) NOT what is best for your husband.

 

[haiku]

Oh, I definately agree. I'm just wondering if the judge his decision based on the CP and her mom's word. What I'm hoping, is that the judge will be irritated that this case is in his/her court and just give us standard visitation so that he/she doesn't have to see us again.

Shawna

it is highly doubtful a judge would get that irritated he would just give you standard visitation. And even the judge knows standard visitation is not a cure-all.....

To win a contempt charge your evidence has to be more compelling than the other persons. And a judge who has "been around the block" knows when you are pulling stuff out of your butt. And then it will be YOU thrown out of the courtroom.

if you know things are likely going to be rocky, and in divorce things likely will be, you choose your battles early. And some things are not worth going into court over.....

you do not want to be the one branded the 'troublemaker" blowing the whistle this early on just a few weeks difference, I don't think is worth it in the long run, especially as you are hinting you have no proof-or as good as proof as she does.

Why not see if you get the kids on the 26th?

 

[stepmom&mom]

We do not intend to try to shorten the length of time. The CP is attempting to extend the length of time, because she has decided that she doesn't want her daughter coming over. She has stated to us that SHE will determine when the time is right. No, she did not agree to give my husband visitation on the 26th either. She doesn't want her daughter coming to our house. She wants him to come to her house.

Shawna