Legal question regarding children n divorce?

Question

my ex-spouse n me r currently seperated and have filed for divorce. the kids live with me and they dont want to do anything with ex spouse. ex spouse threatens to bring police to force the kids to see ex spouse? is that legal or is it the kids decision? they are 13, 14,

Answer 1

your ex has every right to see the kids until a court orders otherwise...it is legal for her to see the kids sounds like you should get a good lawyer...but why don't the kids want to see your ex?

Answer 2

You would be smart to let him see the kid's but the bad part is if he didn't bring them back, until you have a court order the cops will do nothing. Plus right now if the was to bring the cops over, they won't take them from you because there is NO court order at all. They will just tell you guy's to grow up and respect eachother and to go to court because it's a civil matter.

You do what is in the best interest of the kids. If the other party is abusive, keep them with you and when you go to court explain to the judge the reason why you kept them away. If he/she doesn't bring them back "if u let them go" you can get him or her in trouble in court for practically kidnapping since he or she wasn't sharing the kids.

It's always the kid's that go through all this crap.

Answer 3

Depends on where you live. In Montana this is up to the court until they are 18. My children and I are dealing with the same thing. They're father has always been abusive, which is why I left him. The system does not believe it, I am being portrayed as a difficult, contentious person because I am fighting for my children. He has now molested all three of my boys, and we are still not believed, in fact, the children have now been taken from me. They are not seeing him, but the Child and Family Services Department does not really believe they have been abused.

Scary world! Sorry.


I am shocked at everyone here stating that the cops and or the judge will not force children to see a parent. My extremely vivid experience is that YES they will, and do and are backed up by the law and the system. They have done this to my three boys who were terrified to go visit their father, for good reason. He is an abusive alcoholic. That is why I left him in the first place, but the system doesn't care. He is their father and has the right to see his children. It is sickening. They would come home from visits crying because of the horribly ugly things he was saying to them about me. (Even though it says in the Parenting Plan that neither parent is to denigrate the other in front of the children.) They came home with bruises from him grabbing and squeezing their arms and necks. (Yes this was reported to Child Protection-- "We're not going to do anything, because children bruise so easily, and they need to understand the difference between discipline and abuse." ) Before I left, he had threatened to kill the two oldest, while holding them by the neck against the wall. They acutely remember this, but none of this seems to matter to the court system, as he and his parents are claiming that I am difficult and contentious. Maybe its different in other states, but I've heard too many stories... What I am being told, and was told by the Guardian ad Litum, (who has only talked to the children once 31/2 years ago, is that if I am not willing to force my children to go visit this man, whom they fear and hate, I am not acting in the best interests of my children, and if they fear and hate him, it must be because I talk badly about him to them.

I am afraid that what yours may be able to do is to go report to the judge that you are withholding his children from him, (as there is not yet a Parenting Plan in place) and the judge may very well take a dim view of this and order the children to live with him. I do not wish to scare you for the sake of scaring you. I speak from bitter experience. If he is abusive, you must document it. Report it, report it, report it. Because I never called the cops when he beat the children or did what he was doing to me, there is no 'proof'. It is my word (and that of my children, whom they will say I coached) against his, and his family has power. (Small town, Montana.) Again, I'm sincerely sorry. The truth can be ugly.

Answer 4

Involving the police really isn't going to get anyone anywhere. They have better things to do. The issue here is whether or not he is a good father. If he is abusive, a drug user, or does not have the ability to care for the kids, then by no means should they be with him unsupervised. As for them wanting nothing to do with them, how did they come to feel this way? Abuse? You badmouthing him? Did he abandon them or reject them? They really can't be forced to visit him, but if he is a good father then you should both sit and talk with the kids as to why it is important that they maintain their relationship with him. They will regret it later if there is no basis for their rejecting him. BTW...if the ex in question is the mother, then the same applies.

Answer 5

Your HUSBAND is not your ex spouse yet. You are STILL married, being separated doesn't make your marriage null and voide. As far as the kids not wanting to see him that is their choice. The police will not force children at that age to go on visitaion if they don't want to go...but unitl all the i/s are dotted and the t/s are crossed and you get a final decree of divorce you he is STILL your husband and not your ex.

Answer 6

Police wont get involved here especially since it appears to be the kids wishes not to do so and not youre forcing them not to. Now in court you can as the Judge to let the kids decide with whom they want to live but you should get them anyway. The Judge will order dad to pay support and get visitation rights but the courts cant force the kids to go if they dont want to. So his threats wont accomplish much except to get to you and try to scare you into something. You can let him know that Judges dont like threats in divorce cass where kids are involved and that should stop that

Answer 7

Depends on your state or province laws. Must jurisdictions will allow your ex to attend court an apply for a police enforcement clause. If the judge grants the clause, the police may assist in the child being forced to meet the terms of the access order. Most jurisdictions will allow input of the children (ages vary state to state). Look, when the ex applies for the police enforcement clause, oppose it and pay a good lawyer to advise you.

Answer 8

Now not sure about the legal guidelines in India, however here in america, you are entitled to 1/2 his assets (his flat, financial institution debts, and so forth). For youngster aid (upkeep) for your son, you are entitled to 30% of his income. Again, no longer certain in regards to the legal guidelines in India, however i am hoping that at least offers you a guiding principle. Just right success together with your divorce.

Answer 9

it's legal unless the kids go to court and say to the judge that they don't want to and even then the judge may still let her see them(she is the momma).They are old enough to say where they want to stay.

Answer 10

until the court has established this kids have no say and neither do you