Mother Refuses to Let Son See Father on Visitation Days

[lauraamazing]

My question involves a child custody case from the State of: md

This is for my brother, not me!

my brother has a two year old son with his ex. she has full custody and he has visitation every other weekend and EVERY tuesday and thursday. she did not let him see his son tuesday and today with it being thanksgiving she is saying he cant get him. christmas is also being thrown in. xmas is on my brothers weekend and she is also saying he cannot get him then too.

this would be the 3rd time they took this to the district court to modify visitation. the ex is letting her father call shots (father doesnt like my family or brother).

to see his son tody, should he ccall sherrif?

and will she be in contempt of court when they take it back saying she refuses to give him to him?

[jk]

the Sheriff will not enforce the visitation order.

He needs to file a motion asking the court to find her in contempt.

Just be sure there is not a separate section of the order dealing with holidays. Many visitation orders deal with holidays separately.

[lauraamazing]

he plans tomotion the courts for contemp, but he feels since he has no proof (just family as witnesses) she will deny the allegations and get off scott free and just do it again.

how does that work, mother withholding child on visititation days?

[jk]

In my haste yesterday, I was a bit short on my answer.

Have him contact the Sheriff to inquire as to their position. They might do a stand by while he attempts to pick up the child but they will not demand she comply with what your brother states is the order. They are not going to (at least unless they are a very unusual acting police force) attempt to interpret the order and enforce it. If they will do a stand by, at least he will be able to obtain a report of their actions and it should include the mothers refusal to deliver the child.

They may just as easily tell him they do not do standbys without some concern over a safety issue or even that they simply do not provide such a service and only respond to actual situations in progress.

[lauraamazing]

okay so what your saying is, TRY to get a sherrif to be there on the day and time mother is suposed to deliver child so sherrif can see that she is not doing it?

now what happens when the sherrif says they dont do that? how can you PROVE the mother isnt complying with the court order? just have witnesses? because that's all he has. without proof, the mother most likely would tell the judge theFATHEr isnt complying and her family would back the story up.

sorry, just trying to obtain information.

[jk]

lauraamazing;571936]okay so what your saying is, TRY to get a sherrif to be there on the day and time mother is suposed to deliver child so sherrif can see that she is not doing it?

yes

now what happens when the sherrif says they dont do that?

well, he doesn't expect them to show up.

how can you PROVE the mother isnt complying with the court order? just have witnesses? because that's all he has.

witnesses are good IF they can stay out of any argument that might ensue. If they get involved with the drama that might take place, it looks more like he was attempting to intimidate the mother. Not a good place to be.

sorry, just trying to obtain information.

definitely have somebody take pictures of him showing up at her house and somebody answering the door. That proves he was there. Video recording with sound would be better but one needs to be cautious of violating any laws recording surreptitious recording. Generally, as long as the conversation can be heard by the general public, it can be recorded but a conversation that is intended to be private cannot be recorded without knowledge and permission from all parties involved. The biggest protection is (although do not make a huge issue of the recording) is proof the parties were aware they were being recorded.

[PQN]

Have dad purchase something small at a store near mom's house after she refuses to release the child. Use a cc and save the receipt. Do this EVERY SINGLE DAY that dad has visitation.

It will at least prove that dad was in her area each and every time. Ask the police if they will take a report each time, even if they won't send an officer out every time.

Then he files, again, in court. This time he asks that exchanges occur at a professional visitation center or the police station. Set an exact time for the exchanges (ie. 6:00pm not 'after work'). When he shows up for the exchange and mom does not, he now has professional witnesses to mom's noncompliance with the court order.

[lauraamazing]

since my brother's ex has a year protective order on him, she is suspossed to let her father or someone who can drive take the son to the local library and brother gets him from there. but.... she hardley let anyone bring him out and she cant drive.

[jk]

well, that surely changes things. You really need to mention things like this in the beginning of your discussion rather than toss it out later.

Unless there is some exception for him picking up the child, he most likely cannot approach her residence. The problem with this as well is many protective orders include contact by friends or associates of the restricted party if the contact is on behalf of the restricted party. If that applies, should somebody pick up the child and say the wrong thing, it could mean a violation of the order.

So, how specific is the order in the direction of the transfer?

Of course the court order cannot control the actions of third parties so all she has to say is:

"I cannot find anybody to take the child to the library"

and she is off the hook. Your brother would have to prove otherwise, which is impossible.

He may have a very difficult time attempting to enforce the order given the revelation of the protective order.

[lauraamazing]

on the protective order (which they shouldnt even have because she contacts him) it states about visitation X and Y days every week and everyother weekend. her father is supossed to have him at the disignated time and place and my brother, myself, or my mother should be there to recieve him.