His ex has a low paying job so she can get a lawyer for free, we can't get a free one, and neither are we able to afford a good one. Is there some kind of agency that enforces court-ordered viitation without having to keep going to court?
2007-03-12 02:35:56 · 7 answers · asked by Lost 1 in Politics & Government ➔ Law & Ethics
Because your issue is a civil and not a criminal matter the police can't just come out and arrest the ex for contempt of court!
You should either contact legal aid or contact the district court clerks office.
They will be able to assist you in how to file a motion against the ex for failure to comply with the court ordered visitation...a civil contempt of court issue.
You don't necessarily need an attorney to guide you through this process. It's pretty simple...the ex is in contempt and the father obviously has proof or documentation to present to the court to show cause!
Best wishes!
2007-03-12 02:40:56 · answer #1 · answered by KC V ™ 7 · 2⤊ 0⤋
Law Enforcement won't get involved as most agencies have policies in effect to remain out of effecting civil orders which although it is a court order it is not considered a criminal order. Unfortunately you will need to keep going back to court. Where you can save money is documentation. Call the police every time the visitation is denied and ask for a case number or report number on the officer's card. In my experience it is really only beneficial to go to court with 5-10 cases. The report provides documentation the visitation did not take place at the specified time and the judge will lump those cases into one contempt of court fine.
If you try and hit every occurrence it will be very expensive and the judge will not look at it as a pattern but single occurrences. Good luck, this stuff is very frustrating and time consuming.
2007-03-12 09:48:02 · answer #2 · answered by dude0795 4 · 1⤊ 0⤋
If there is a court order for visitation and she is not complying with it, you need to take her back to court and the judge can force her to comply or throw her in jail. Do not be afriad to represent yourself in court. The judge will assign a lawyer to the child (a law gaurdian) at no cost to either parent and that lawyer will tell the judge what they believe is in the best interest of the child. I have gone to court numerous times without a attorney present (even when the other family had one) and have won full custody and child support. Normally in family court the judge will listen to the parents, it's not all legal terms and stuff like criminal court
2007-03-12 09:41:17 · answer #3 · answered by gummi bear 3 · 2⤊ 0⤋
Try calling around to local firms. Plently of reputable lawyers will take a payment plan with post dated cheques. If you own property, lots of lawyers will also take your case if you agree to let them put a charge on your land. This doesn't mean they own it, but if you chose to sell, you will have to pay their fees from the proceeds of sale.
The police are very hesitant to get involved in these matters, even if you have a court order.
Point in fact too, if your husband has an order in his favour, and he has to apply to court to have an order for officer assistance based on the ex's conduct, he can also ask for an order of costs against her, which will pay for his lawyers fees, as it was her wilful misconduct that caused him to have to apply to the court. (Though being able to apply is no guarantee that they will be awarded.)
2007-03-12 10:00:27 · answer #4 · answered by elysialaw 6 · 0⤊ 1⤋
You can check with the law enforcement in your area. Court ordered visitation is just that a court order. Therefore, violation of such order can be considered contempt of court and be an arrest depending on the history of the situation.
2007-03-12 09:40:49 · answer #5 · answered by J P 1 · 1⤊ 1⤋
Unfortunately, no. If it is important enough for him to see his daughter, he will find a way.
2007-03-12 13:26:31 · answer #6 · answered by Anonymous · 0⤊ 1⤋
you might try www.prepaidlegal.com its super cheap
2007-03-12 09:42:38 · answer #7 · answered by mikentammy76 5 · 1⤊ 3⤋