I'm taking my ex to court so i can see my daughter what happens if see doesn't turn up?

Question

iv not seen my daughter now for 3 months i pay her mum everyweek by post i even send her cloths and shoes in the post i couldnt pick her up at the time we agreed becose of work so she said it was in my daughters best intterest that she dosent see me iv paid to take her to court but what happens if she dosent turn up??? iv no more money to take her again the longer it gos on i feel my daughter will forget me shes 3

Answer 1

Speaking from experience-your little girl has the right to have a relationship with both parents and this is how the law sees it. If the court has evidence that the child is at risk by being in contact with a parent, then visitation will be either supervised or stopped-but there has to be evidence to support this. Your ex can not make wild accusations to try and prevent contact. The court will also NOT deem you an unfit parent and dismisses any information on matenance payment-so whether you pay mantenance or not has no influence on the courts descision on visitation. If you are in a position where you can not afford to pay mantenance your ex has no legal right to tell you you cannot see your child.
Regarding your wife not turning up-The exact legal position I am not sure but think she can be arrested but my days in family court are a few years ago. The thing to remember is that if she does not turn up how will she be seen by the court? By not turning up will the court think she is putting your childs best interests first and foremost? She will not be looked upon in a favorable view by any court if she does not turn up.
In most cases if the situation has reached court because contact with the non residing parent is refused. It is normally down to one or both parents bitterness towards their ex partner. This is no basis for refusing contact so have faith, you are not the first nor will you be the last parent in this situation.
Lastly your daughter will not forget you. If you have not seen her in a while she may understandably be a little unsure of you, again have more faith in yourself and your daughter. Its not just a mother who has a bond with her children but dads to!
Just remember why you are doing this when you see your ex. For your daughters sake refuse to alow bitterness cloud your judgement or the descisions you make regarding your daughter. Be the better parent and dont sink to that level, your ex is probably scared that if your daughter has visitation with you then she may loose her in some way. Reassure your ex that you can live apart and both be great parents for you children. If you adopt this attitude you may start to become friends which will benefit your daughter. The affect on children when parents are at this stage is very confusing as the children love and need both parents equally, but it will take one of you to start to mend the rift.
I hope this helps and I havent gone on but I feel strongly about this subject and have been in your situation. I now share a great relationship with my ex and the difference can be seen in my children.
Best of luck and remember you are doing the right thing.

Answer 2

Mark, here's what you are to do.

1) you did the right thing already by going to court and filing a petition. However, what's your request in the petition? In filing your petition, i do hope that you filed for joint legal custody of your daughter with specific visitation (eg: two hours every weekday night from 5 -7pm and every other weekend). You have to be specific.

2) If you have been sending clothing and money to her mom, then that MAY work in your best interest if you have records. If you are not seeing a child support magistrate or judge, the fact that you are providing support is of NO help to you. You are responsible for your daughter welfare. In other words do not expect kudos.

Now, you do know where she lives and a forwarding address to her. Providing that you do, the court will forward the hearing date to her for appearance. However, if she does not show, there can be one of two actions made on your behalf:

- the judge may simply issue another hearing date and she could be notified by mail again. If she does not appear the second time then,

- an 'order to show cause' can be issued. It can also be granted on the first no show if requested. Usually 'order to show cause' are granted when there are no whereabouts of either parent of child.

3) Given two notices or more and there is still no show from the mother, then a warrant to either show cause, present the child before the judge or arrest may be issued. Note that a warrant for arrest can only be issued in the state that she resides. A national warrant cannot be issued and even if you knew that she was out of state and had an address for her and the warrant for her arrest; that state where she now resides may not want to get involved even if you send them the warrant. Also there may be a fee to that state's local sherrif. I say this simply because that state and local municipality would be responsible for sending her back to your state of residence. She can also get arrested in that state for the warrant or in any state of residence on this condition:
1) if the state local municipality is aware of the warrant and she gets booked for a traffic infraction.

Be aware that you will continue to go to court until this is settled. The next step to this is she taking you to court for child support if you are not already paying. Be very careful how you play the role of going to court for child custody. Women are evil, bitter, malicious souls when it comes to being a single parent of their on cause.

Answer 3

If you take her to court, they will notify her attorney or her directly telling her the court date and time. She is expected to be there. The judge has 2 options if she doesn't show up
1, reschedule 2, rule in your favor at that point.
The courts will tell you that paying child support isn't paying for visitation. If your divorce papers state you have visitation rights, bring a sheriff's deputy with you when you go to pick her up. The deputy will be there to enforce the court order. Because the court ordered visitation is just as biding as you paying child support. If she doesn't turn over the child for visitation, she will be in contempt of court. Try to arrange your work schedule to allow for you to pick up your child at the court ordered time. Most bosses understand these things. If they do not make allowances, go to court to change the time and or location of the visitations. Make sure she is responsible for half of the travel. Usually the visiting parent picks up and then the custodial parent comes to pick up the child when the visitation is over or they meet in the middle on both occassions.
Make sure you call your child often, even though she is 3. Most divorce papers state that each parent will not do anything to remove the love and relationship with the other parent to the child.
Stand up for your parental rights and the court ordered decree.

Answer 4

honey....make sure that each time you send something by post that it's recorded delivery or registered so she has to sign for it, (dates, items, and amount of money)....even if it's clothes....make a list each time you send something, she could say that you have not sent anything so i hope you make sure there's proof of delivery and proof of content...if your ex does not turn up at court then your solicitor needs to have her revoked....it's against the law for her not to show up....so tell your solicitor that you have worries about it...she will be MADE to attend court....i hope you get things sorted...there's nothing worse than some bird trying to stop a child's father from seeing that child, i just hate that....good luck...one more thing....if you are on a low income you can apply for legal aid, (see your solicitor) they will either pay the fee or pay part of it...find out what your rights are....your a good man and i agree with a few here i's not right that a woman should accept money then stop you from seeing your child...thats just complete and utter selfish...also if she i accepting money from you, do the benefits people know this?...i am sure they will be interested to find know....i am saying this because she may be claiming benefits for herself and the child, if not then just make sure you log everything you send to her and have her sign for every delivery....

Answer 5

Then you must make arrangements that mean that work does not get in the way. I understand how you feel but women get mad over things like that because we have to fit everything in and don't understand why men seem unable to do the same. You have to remember that the child gets upset when dad does not turn up on time so mum gets mad on the child's behlaf as well.

Answer 6

You are going to court to get an order for visitation. If one parent does not show up then the court only has your side to consider. Be on your best behavior. Unless there is a damn good reason to not order visitation, most courts will order it. You have a right to see your child. Keep fighting.

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Answer 7

If she dont turn up then it will make her look very bad!
Do you get reciepts when you give her money and other things to prove to the courts that you are paying for your daughter. I would.
You sound like a responsible dad to me shame their not all like you.......shame i wont be on the panel.
Lastly trust me your daughter will NEVER forget you.
Hope it all works out for you!!!!

Answer 8

Can you get some legal help. This makes me so angry, she is happy to take your money but doesn't want you to have anything to do with YOUR child. Where do these women get off!. I would question her own ability - doesn't she realise what she is doing to your daughter or doesn't she care?. Some women see men as walking sperm banks an wallets sadly. I wish you all the best.

Answer 9

well my son went threw this, well bot son did, an in both cases, the jubge, put out a bench warnet, an made them show up, both got charge on temp of court,, now the judge could get you temp reary custy of the child, for you paying , tour due,,, so i say the judge not going to be happy

Answer 10

She is happy to receive your money, she sounds very inconsiderate, it will look bad on her if she does not turn up to court, try for legal aid. I congratulate you for trying to maintain contact with your daughter, hope you succeed, it is so heartbreaking when people use there children as weapons. Good luck