A mother, for no reasons relating to safety, is denying access to a baby's father. Is she in violation of court order? What are the consequences? What can the father do?
2007-01-22 02:29:57 · 12 answers · asked by rbow39two 1 in Family & Relationships ➔ Family
Talk to your lawyer. He/she can work with the mother's lawyer to ensure that visitation occurs, if that is what is stipulated in the court order. Your lawyer can also report any violations to the court; the court will then decide upon the consequences.
If you approach this problem from the standpoint of what is best for your child, not what are your rights, the court is more likely to listen to your concerns.
2007-01-22 02:39:14 · answer #1 · answered by MomBear 4 · 0⤊ 0⤋
As long as there is a visitation order in place, she is obligated to follow the schedule per order of the court. If she does not allow the father to see the child she can be held in contempt of court for violating the order.
I don't recommend involving the police because you will traumatize the child. Remember that parents are supposed to act in the best interests of the child. I would suggest that the father proceed with legal action. An attorney would be better able to get this through the probate court in a timely manner.
2007-01-22 03:22:53 · answer #2 · answered by Cute But Evil 5 · 0⤊ 0⤋
If there is a court order then all your father has to do is contact the local law enforcement and show them that he is to have you a certain time and weekend, and your mother will be forced to let you go visit him. Once reported she will be in contempt of the courts and she may even lose custody of you if your father wants to drag it out. If brought to court the judge will ask you if he feels you are old enough, as to what is going on. So if you want to see your dad, have him call the cops and give them his proof from the court and you'll be with him sooner then you think! Good Luck! Edit, if there is something going on where your mother feels you are not safe, she will have to go back to court and have the order modified. She cannot play the judge in your custody/visitation order, as she can really hurt herself by doing so.
2016-05-24 17:40:52 · answer #3 · answered by Anonymous · 0⤊ 0⤋
no she cant deny visitation if it is granted by the court. it is a violation that needs to be brought into notice of the court but if it continues then it is contempt and the father can move the court for complete custody or something similar.
2007-01-22 03:14:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
She is going against a court order and can be held in contempt of court, which can mean anything from paying a fine to being imprisoned. The father needs to seek legal counsel quickly.
2007-01-22 02:51:37 · answer #5 · answered by The ReDesign Diva 7 · 0⤊ 0⤋
You state that the mother is denying visitation and that it does not relate to a safety issue. If there is an "issue" then there should be a hearing to modify the visitation order, if that is what is needed.
2007-01-22 02:42:12 · answer #6 · answered by Kimber T 1 · 0⤊ 0⤋
Unfortunately, there isn't much that can be done besides taking her back to court to have the order enforced by a judge.
My hubby has been fighting his ex for 6 years now about that very thing. She likes to tell him that since he won't give her extra money (over what the child support calls for), that she can deny him visitation. We've been to court over this 4 times over the years, and the judge finally told her the last time that he would revert sole custody to my hubby if it happened again.
She straightened up quick.......she doesnt' want to give up that $400 a month she gets.
2007-01-22 02:35:47 · answer #7 · answered by Critter Lady 4 · 2⤊ 1⤋
Contrary to the first post the Police can do nothing .....absolutely nothing its a civil matter and the Police cannot interfere....(with the exception make a report).
But yes there is something you can do....go to your attorney or you can do it yourself.....which is file "Contempt of Court in Regards to the Parenting Time"......which can be punishable by warning, fines and up to jail time.
My ex got a $250.00 fine and then the second time she got 10 days in jail.....so do go file on her.....and ask your attorney about filing a injunction against her (only permitable if your caught up on child support)....then with this the police can arrest her on the spot if she violates a injunction!
Seek your attorney and stop her BS!
Good luck
2007-01-22 02:39:04 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Call your lawyer, or call the police and tell them she is violating the court order. The father has a right to see his children.
2007-01-22 02:32:58 · answer #9 · answered by Jess H 7 · 1⤊ 1⤋
To be honest not a damn thing. I spent 15 years and thousands of dollars in the court system trying to get to see my kids. The courts did absolutly nothing even tho she was in direct violation of the same courts order.
2007-01-22 02:36:54 · answer #10 · answered by Anonymous · 0⤊ 2⤋