Visitation Problems!

[Land32]

What is the name of your state? Missouri
In our divorse decree it states i should have had my son on thankgiving , fathers day , july the 4th , none of these visitation times were honored.
In the decree it says our meeting place is at a gas station 20 miles away. Thanksgiving , she up and left and went to her moms which is 60 miles away, and said if you want him , you will halft to come to get him. The decree states all visitation exchanges are at the gas station. Fathers day , i told her i wanted him , which the time to pick him up was 8am , so i drove to the gas station , and she never showed up . Called her when i got home and she said he was going to church first then a dinner then at 6pm i could have him. July 4th , i said gas station , she said another place , and i didnt get him again. Is this contempt of court , or what ? Someone please help.

Landscaper

 

[snostar]

If the order states what you have posted, and you have proof of the violations, you should definitely file contempt.

 

[splcstr2001]

Absolutely!!

What do your papers say?????????
If this is an ongoing problem, I suggest you take a witness with you and document dates and times that you have tried to pick up your son. You will have more proof of her blatant contempt.
This was suggested by our attorney. It worked! Now keep in mind that a Judge will be reluctant to put the CP in jail because of this. But, once she has been ordered to pay fines, or court costs for this behavior, she, more than likely, will curb her behavior.

 

[tcpmp]

Along with bringing a freind I would record the conversations with her. You have to notify her that you are recording the conversation but its well worth it.

 

[Land32]

Ok i did it .

Missouri here . I went to court and presented my case just as i told here in the forum . Judge Westoff of Lewis County Mo. , ruled no contempt here , just a simple mis-understanding and that what it says in the divorse decree isnt stamped in gold, you should be a little more sympathetic and try to compromise with your ex , ohhhh yes and heres the real kicker , he said we should communicate more . Duh , i got away from her cause we cant get along , i communicate only when we halft to . So basically im thinking why even have the divorse decree in the first place ! SOmeone please help.

Eric Goodwin
Lewis Co. Missouri

 

[chippergurl]

From now on go to the gas station as described in the decree. Buy a candy bar or whatever showing the time you were there. Doesn't matter if you have access to your child that weekend or not. It will prove that you were there at the time as specified and she can not say you didn't show up.

You have specific weekends and holidays. Take a credible witness with you when you are to pick up the child. You can even video tape that you are waiting for the exchange of visitation, date and time you are there. Video tape the surroundings each time you go. If she complies with the court order do not video tape her face just the exchange. Missouri is a one party state for audio recording. If she does not show up for the exchange video tape the surroundings with the date and time and go home. You will eventually be able to build a case of contempt on her part.

I also suggest never going into a court room without an attorney.

 

[adonahee]

Absolutely get an attorney.

They don't take you seriously unless you have one, and they'll send you to a mediator to 'work out your differences' every time!!

 

[snodderly]

If you have court ordered visitation and she fails to show at the scheduled time or place then why not take your decree, go to the local police department and request an escort in collecting your child.

If the child was at Grandma's house on Thanksgiving, you should have gotten the police and gone to Grandma's house to collect the child. Next time she tells you that the child has to go to church first, tell her that you will see her at the church and you will have your decree and the police with you.

Doing this to her a couple of times might put a stop to her antics.
snodderly