Saturday, July 31, 2010

Legal advice on court ordered Parenting time being denied from the mother?

My husband has joint legal custody and court ordered parenting time of his 7 yr old son. If she refuses to give him his son when it is time for him to have his son, can he have the police force her to comply with the order or does he just skip that time and bring her to court and get it made up later. And if the police can get involved what is the statute or law we would tell the police when they say they can't, we just currently had this problem,it has been ongoing for 6 years!Legal advice on court ordered Parenting time being denied from the mother?
I don't know much about the laws in the states but I am a dispatcher for a police service in Canada and we often field calls for advice.





Couple of things, unless it states in your court order that the Police may apprehend the child in a case of witholding visitation, they won't. It has to be clearly spelled out what the court expects the Police to do.





A contempt of court charge should be brought against the Mother by your lawyer or your husband.





If you want to document these instances, call your local police (All lines are taped usually - note the date and time of your call) ask that an officer call you for advice. This way they still have a record of it but you're not taxing the system by making Officers attend for something they have no control over. If they enter a computer event on it, ask for the number.Legal advice on court ordered Parenting time being denied from the mother?
This site might have some helpful legal info. http://legal.divinfo.com/
I would ';Strongly'; advise the avoidance of police involvment, as the Judge would more than likely see it as two imature adults who can't conduct themselves as such. It is Important to keep a diary of events and upon request you have documented any necessary violations. If this thing spills over to police involvement, the Judge is more than likely going to have reservations. If she is not in compliance simply file a violation of terms and conditions with the controlling Court and have Her butt hauled back into court and make her comply. The last thing you need is for your Son to become a pawn and be drug out of his home by the police. Think of the impact on him and stop thinking in a ';Me'; sense and start fresh with a We aspect. The police are for Criminal Acts not to settle legal family disputes.


If this response sounds gruff and offending, It is not meant to be but, one thing in life I have come to terms with is Don't Sugar Coat A Problem where children are involved. I wish you the best.


GOD BLESS/GOOD LUCK!!
He will decide his business on his own. Honestly speaking, if I were that child's mother, I would be very concerned of letting my child go into the home with someone like you around.
Your husband needs to get in contact with a lawyer who specializes in custody cases for fathers. A good one will cost you about $1500-2000. Most likely he'll get to court with him but he and the Judge and her attorney will resolve it hopefully in his favor. Generally that fee is good for a whole year. If his wife is in violation the judge will not be so nice to her. Oh yea, you stay out of it and don't go to court with hubby. The kid)s) will look up to you more if you don't push yourself on them. You're not their Mom, She is. They don't need two Moms.


You can't even talk about her in front of them.


If this doesn't work, call Dr. Laura. She's GOOD.
Sticky situation. Police do not like to get involved. If she is not giving you the kid when it's your turn you MUST take her back to court and tell the judge. The judge will decide if she is in violation of his order. If he says she is, a warrant will be issued for her arrest for violating the court order. Then the police will get involved.

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