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I am ordered by the court to take my son to his fathers house on a certain day of the week. His father rarely shows interest, doesn't answer his phone, won't answer the door, doesn't call to check up on child. I am concerned that he will try to take me to court again saying that I am not obeying the court order. (He has taken me to court on several occassions) how do i prove that i am doing exactly as the court order states? How many times can I take child to the house just to wait outside to see if anyone answers? (New Jersey)

2007-02-09 14:05:01 · 7 answers · asked by Elysua 1 in Politics & Government Law & Ethics

I have been compliant with the court order thus far, I have nevery taken the father to court I was always the defendant. I work in the social service field and have always tried to take the "compromising" path but it has not changed anything

2007-02-10 13:07:47 · update #1

7 answers

Hi, I am sorry to here that the father is not taking an interest in his son and wanting to use his court visitation.
1) Does the court order say that you need to drive your son for his visitation with his father? If it does, then you need to continue driving your son for sometime.
2) Keep a contemporaneous log. Go to the stationery store and buy a bound book with lines on the pages or a bound calendar book. Start recording (writing daily or weekly which is contemporaneously) exactly what is happening. Drove son x miles from my hous to ex-husbands house at x:00 pm on Saturday 9 of February. Ex-spouse did not answer door or was not at home per court order, etc...
3) Nothing in court will be strong then a CONTEMPORANEOUS log of all of your efforts and all of your ex-spouses missed visitations.
4) Do not involve your son in the proceddings. Do not ask him to sign or date the entries. Do not expect him to give testimony. The court will not allow it.
Keep a log. After 4 months, go to court for a change in custody/visitation and an appropriate change in child support to reflect the time he is not seeing his son.
It is truly sad, I am sorry.

2007-02-09 14:22:50 · answer #1 · answered by KingGeorge 5 · 1 0

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2014-10-24 03:57:34 · answer #2 · answered by Anonymous · 0 0

If after trying to drop off the child , preferably with a friend , I would try a neighbor , and ask if they have seen him. The neighbor then can testify you were there.

Any police officer or the court that issued the order can tell you what you need to do if he is not answering.

His refusual to take a court ordered visitation is good for you. Just make sure you document each occurance. I believe you can ask a police officer to supervise the exchange .

2007-02-10 04:13:07 · answer #3 · answered by mark 6 · 1 0

Have someone go with you when you drop the child off or write everything down. If it is court ordered, you have to take the child there. Tell the courts that no one answers the door. Maybe you can take a video of the times you go to the fathers house and no one answers. sounds like dad just wants to make life miserable for you.

2007-02-09 14:18:08 · answer #4 · answered by Marilyn B 1 · 2 1

I know in Ontario there are supervised access centres, where the visit can be supervised by a neutral third party. They also offer a switch over, where the one parent drops off the child half an hour early, the child stays at the centre until the other parent picks him up. If the other parent does not show (they will try to contact him) it is all documented, and the first parent is contacted to pick up the child. Maybe check to see if anything like that is available (try social services)

2007-02-09 14:27:16 · answer #5 · answered by Minton quest 4 · 1 1

Why don't you take him to court because he's not complying with the court order either if he's not there for the visit? You do need to talk to this guys and ask him if he really wants to continue to do the damage to his son that he is doing by neglecting him. You parents are playing games with each other. Your goal is to hurt each other with court cases and lack of intererst for the welfare of your son. You both need to stop and do what is best for the boy. You may hate his father and he may hate you, but you both need to grow up and put that aside for your son's sake. There are enough children our there that have horrible parents do you need to add to the numbers? These are the kids that grow up to do drugs, drop out of school, get young girls pregnant when they are still teens and end up being bad parents or even going to jail. Children, boys and girls, need there mothers and fathers and if you two can't get along your son is the one that will pay in the end. Leave the games behind.

2007-02-09 14:20:39 · answer #6 · answered by Anonymous · 1 4

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2017-03-03 17:20:17 · answer #7 · answered by ? 3 · 0 0

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