Is It Illegal to Deny Court Ordered Supervised Visits in California

[valeriesmom]

My question involves a child custody case from the State of: California
My daughter's Father was court ordered to do random drug testing at my discretion and to take parenting classes as well as supervised visits due to his drug use and flight risk (he attempted to kidnap my daughter and has told me several times he intends on making sure I never see her again as soon as he "gets his hands on her") To date he has failed 3 test and the testing facility will no longer test him unless he pays them the money he owes for the failed test. He also has not completed his parenting classes or even made an attempt at visitation in over 6 months. He has not even so much as called our daughter (not even for Christmas). I got a call today from a facility that does supervised visits. Can I deny him from visiting with her until he passes a drug test?

[NdK1009]

Does your court order specifically list any penalties if he fails his drug test(s)? Minus any names, can you tell us - word for word- what your court order says?

[valeriesmom]

I don't think so it says:
The Father shall have supervised parenting time for 3 hours per week. Supervision shall be provided by a level 1 agency or professional supervisor from the court list of approved supervisors.
Any additonal parenting times or changes in parenting time, mutually agreed upon in advance between parents. shall be allowed. Changes shall be in writing dated and signed by both parties to have the effect of a court order.
The Father shall particioate in a substance abuse assesment through the county alcohol and and drug program and comply with any recommendations made through the assesment keeping signed verfication of attendance at any 12 step meetings attended.
Father shall participate in random drug testing up to 2 times per month. To request test of Father Mother shall contact comprehensive who shall then contact the Father to be tested within 2 hours of the request. Failure to appear or tampering or diluting of tests shall count as a failed test.
Father shall be sober and drug free when parenting child and shall assure that child shall not be exposed to a drug enviroment (Ie sales use ect) at any time when under care.
The Father shall participate in and complete a minimum of 6 sessions of anger mangement counseling.
The terms and conditions of this custody arrangement may be supplemented or revised as the needs of the parents or child change. Such changes shall be in writing dated and signed by both parents. In the event controversy arises the existing order of the court shall remain in effect and the parents may seek mediation and further hearing by filing an order to show cause.


* Her Father has done NONE of these things. Also the drug test that were failed were set up by his lawyer and not me so I have not even been able to call in a random test on him and I can't until he pays them which he won't do.

[cdwjava]

Failure to abide by the conditions of a court order can result in criminal sanctions. Failure to abide by the order is a violation of PC 166(a)(4). That being said, it is most often the Family Court that needs to be made aware of the violations so that the court either acts on the violations or lets it go.

If the father is not abiding by the court's order, contact the court and get back before the judge.

[tex11]

However, if you are denying the three hours per week of supervised visitation, then you would be in violation and in contempt of the court order. The order as written does not give you any discretion to deny those three hours, even if he is in violation of any other provisions of the order.

[valeriesmom]

I am not denying him he hasn't used them EVER and it's been over 6 months, then out of the blue I get a call saying that he wanted to set up a 1 hour supervised visit. I was hoping since he hasn't done anything the courts have told him to do then I could. My daughter has just finally stopped asking questions about him and I feel like it would be unhealthy for her mentally. Everytime he sees her (in the past) he would tell her that when she comes "home" he is going to buy her a puppy ect. then she asks me about it and I can't tell her sorry your Dad's a drug addict and is lying to you.
Thanks for the information... looks like back to court I go

[free9man]

Him violating the court's orders does not give you carte blanche to do the same. You are free to go to court to seek a modification but you cannot unilaterally make those decisions yourself.

[tex11]

...then out of the blue I get a call saying that he wanted to set up a 1 hour supervised visit.

If you deny that visit, you will be in violation of the court order.

[valeriesmom]

I figured as much (I didn't deny him the visit) but was hoping for the best I fought in court for a long time and was hoping to not have to go back. Unfortunately he doesn't pay child support (because I wanted him to be able to afford the visits classes ect so he could get sober and eventually be back in our daughter's life) and he lives with his Mom, she hired him a lawyer and I can't afford one so it's just me fighting for my child to be safe and healthy by myself. He used to have 50/50 and was actually a good dad for a while so it's really disappointing and sad for my daughter she is only 5 and is just as confused about this situation as I am(mainly because I don't know what to tell her about WHY she doesn't get to see him anymore). But we have made it this far and the courts granted my emergency parte so hopefully they can help me with this too.
Thanks again for the info.