Results 1 to 9 of 9
  1. #1
    Join Date
    Jun 2007
    Posts
    5

    Exclamation Mother Violates Court Order of Visitation To Father

    Any advise or information on how to proceed when custodial parent (mother) violates court ordered visitation rights to non-custodial parent (father).
    And the story goes: Boyfriend and girlfriend have a child together - they break up. Mother of child is still bitter after 4 yrs. They went to court for child support and she was awarded about $500 less than what she and attorney petitioned for. This caused more bitterness. Prior to the child support court date; her tactic when she couldn't have her way was to deny the father to see his child. The paternal grandparents babysit the child for the most part - at the request of the mother and the father. No funds are paid to them [paternal grandparents] nor or funds requested. Hence the child spends most of the time with the granny's. In other words when the mother doesn't want to pay daycare for the week she drops the child off @ the granny's home for weeks at a time. The father finds out and just takes advantage of seeing the child.

    Well the court ordered visitation rights to the father for the 1,3,5 weekend of the month and every other holiday. The mother has to inform the father if she takes the child away for so many miles and vice verse and they both have to be in aggreeance with the travels.

    Now father has a 'new' girlfriend and mother started a new wave of foolishness. Now father can't see child per the mother and purposely misses the visition date. The first instance they met at the mutually aggreed location and she saw new girlfriend and two-wheeled motion away in her car and started screaming you will never see your child again and you are letting that B come into b/t you seeing your child. Two sherriffs witness this madness. The father files a police report for all instances and has a court date set to present this to the judge. Will this force her to abide by the visitation order.

    Another issue: the mother had an attorney during the child support mediation and now the attorney sends the father threatenting letters that he and his client are persuing actions to forfeit his visitation rights??? No grounds to do so just conversations from estranged ex girlfriend that she doesn't want him to see the child anymore!
    Is this even possible???

    The mother had housing arrangments under the father's name b/c she couldn't get approved for an aprtment or house so the court ordered the father to continue to keep his name on the lease and she would pay the rent. In the event she decided to move, she was ordered to advise him well in advance so he could put a notice in to the leasing manager. A month after the court proceedings she decided to move out of the apartment and not tell him so he was left with paying the rent on an empty apartment until the 60 day notification was satisfied. Can this be rectified and funds collected for not abiding by the order?
    She refuses to tell the father where she lives - he only wanted to know for the sake of his child.

    She leaves voicemails on his phone stating that the child says it hates him and "can't understand why my daddy doesn't want me" [after the mother denies the father visitation]. Trying to figure why hate is in the childs vocab!

    She also leaves messages stating that she is dating someone that is madly in love with her and they are looking to get married. Then she calls back to say that she and the child are moving far away. Then she says I know it may sound like a double standard but I dont want my child around your girlfriend but she will be around my boyfriend.

    I think the judge will laugh at all the stupid/embarrassing acts but the father does not have an attorney. Is this worth getting an attorney with the paper trail built from the police reports and sheriff/ local police witnessing her violating the visitation rights and hearing her on the phone screaming that she is not meeting with him to exchange the child? Or could he walk in head strong to have her arrested (for the violation) and order her to get counseling? She feels she is above the law!
    She claims that her environment is so settled for the child but she has asked the paternal grandparents to take custody- but fights the father for any custody.

    What can be done to resolve the tangibles of this isssues for the child's sake!

  2. #2
    Join Date
    Mar 2007
    Location
    California
    Posts
    174

    Default Re: Mother Violates Court Order of Visitation To Father

    Who are you in this situation?

  3. #3
    Join Date
    Jun 2007
    Posts
    5

    Red face Re: Mother Violates Court Order of Visitation To Father

    friend of father and new girlfriend.
    I have seen much more before the new girlfriend came in the picture - and before the court order was filed...instances of spitting on father.
    Any advise, please? Thanking in advance for any assistance.

  4. #4
    Join Date
    Oct 2006
    Posts
    5

    Default Re: Mother Violates Court Order of Visitation To Father

    so he has a court date for contempt already set?

    also, he needs to go to the exchange point every time it's his parenting time, and if and when mom doesn't present the child he needs to call the police and get a report documenting the denial

    the other stuff is just crap- not much he can do about it

  5. #5
    Join Date
    Jun 2007
    Posts
    5

    Question Re: Mother Violates Court Order of Visitation To Father

    Yes a court date is set and he does have a paper trail and the witnesses (which are 2 sheriffs) "begged" him to call them for the court date so he could be present - he does not know where she lives to have her served or anything... but he does have her attorney's contact info. Does he need to get her physical contact info.

    Should an attorney get involved with this b/c there is a fear that there will be some sort of false tactic she will try to pull in court and since he is the non-custodial parent. Her malicious acts makes the father weary of never being able to see the child again and the judge allowing this.


    *** Sorry if this sounds like mother bashing and the father is an angel... b/c nobody is perfect! The just of what I've seen is that he started dating someone which she became more upset but she is about to get married per her... go figure....

  6. #6
    Join Date
    Oct 2006
    Posts
    5

    Default Re: Mother Violates Court Order of Visitation To Father

    what false tactic could she use? I'm not following that line....

  7. #7
    Join Date
    Jun 2007
    Posts
    5

    Default Re: Mother Violates Court Order of Visitation To Father

    I guess a tactic would be to make false statments that he doesn't want to see the child considering her attorney has sent letters stating false allegations that the father is not adhering to spend the allocated time with the child... bogus - no police report or evidence of missed visitation date... I have heard a plethora of horror stories from men and women who have their paper trails in order to only have it construed in court when things are extremely intangibly nasty, i.e. jealous, controlling, selfish, spoiled, just plain evil!

  8. #8
    Join Date
    Oct 2006
    Posts
    5

    Default Re: Mother Violates Court Order of Visitation To Father

    well if dad has his proof of every time he showed up to get kiddo and was denied then her lies will only serve to damage her credibility with the court, which is another good thing for dad

  9. #9
    Join Date
    Jun 2007
    Posts
    5

    Question Re: Mother Violates Court Order of Visitation To Father

    THANKS, THANKS!

    Dad went to court for contempt and since he does not know the address of the kid's mom - he had her attorney served. Was this correct?

    Now a new issues has risen... the mom was scheduled to stay in an apartment under the dad's name, per the court order and mom was scheduled to be held responsible for all expenses incurred at leased apartment. Mom decided to move a few weeks after the court order was drafted and did not give dad or apartment complex any notification. Mom decided to call dad a few days after the move to let him know that she moved and turned in the keys to the apt.

    Early termination fees or should we call them "no notice termination" fees were incurred and since the apt was in dad's name he was left to pay the tab (has been paying - must protect credit)...totaling about $1700....

    Any recourse for this... A letter was sent to mom's atty for payment or payment arrangements... but not a response yet.

    I am thinking small claims court.... any information on this one.

    THanks again

    1. Sponsored Links
       

Similar Threads

  1. Mother Denying Father Visitation
    By Jwhite in forum Child Custody and Visitation
    Replies: 4
    Last Post: 05-17-2011, 07:45 PM
  2. Replies: 5
    Last Post: 10-18-2010, 09:03 PM
  3. Mother's Moving; Paternity Established But No Visitation Order
    By Damien83 in forum Child Custody and Visitation
    Replies: 2
    Last Post: 04-28-2007, 05:27 PM
  4. Father constantly violates voluntary order, what can I do?
    By LaVerdad in forum Child Custody and Visitation
    Replies: 2
    Last Post: 12-01-2006, 08:17 AM
  5. Land Use and Zoning: County violates court order
    By littleblu in forum Land Use Regulation
    Replies: 1
    Last Post: 03-15-2006, 03:38 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document