Allowed to Travel but Not to Get My Children
My question involves criminal law for the state of: Wyoming. I am currently on probation and I have been given travel passes in the past for things like fishing but last month I was denied a travel pass to pick up my children, which to me seems more important than fishing. I have an eatablished court order that outlines my visitation with the kiddos. My ex wife is currently in contempt of that order but the police department in arvada Colorado are completely willing to enforce the order and provide me with a civil assist when or if I can get there. Its frustrating being turned down for this and I feel like probation has overstepped their bounds and have unduly denied me my right to see my children. I feel this may be a civil liberties issue as well. Any thoughts on this situation and what i can do next.
P.s. my probation has nothing to do with my ex or my children what so ever.
Re: Allowed to Travel but Not to Get My Children
We have no context here. We don't know your record, and we don't know why your probation officer denied your request. You should discuss your situation with a criminal defense lawyer in your state to see if it makes sense to try to get the probation officer to reconsider, to go to the probation officer's supervisor, or to bring a motion before the sentencing court.
Re: Allowed to Travel but Not to Get My Children
Your probation officer is not required to allow you permission to leave the state for convenience.
Re: Allowed to Travel but Not to Get My Children
I am aware of this but as a point of context I have been given several passes to travel and one was to even to go to las Vegas. I have been on probation for three years without a single problem. It seems odd that this should be the one pass they deny, I have done everything right I just want to end a year long absence from my children's life.
- - - Updated - - -
For context for #2 I have a property distraction and agg assault but I had contact and joint coustidy with my ex for the first two years of probation with my pos full support it was only when my ex violated the court order was I denied a travel pass.
- - - Updated - - -
The Right to Direct the Upbringing of One's Own Child, otherwise known as the Parental Liberty Doctrine, is a crucial civil liberty. It includes direction of a child's education, health care, lifestyle, regimen, religious observance, and discipline. The characterization of the liberty as "fundamental" under the substantive due process of the Fourteenth Amendment of the United States Constitution makes an enormous practical difference to home educators and court litigants.
Re: Allowed to Travel but Not to Get My Children
You'll go exactly nowhere if you try that.
Sorry.
Re: Allowed to Travel but Not to Get My Children
If I had to guess, it involved advising you wanted to trot off to Colorado to engage the police in a hostile action.
Re: Allowed to Travel but Not to Get My Children
It was my idea to have the police acconampany me. In a civil assist role to keep things calm As possible and on the record. My p.o.'s suggestion was that I call my ex and get permission to go get my girls. If I had her number or permission to get the children she wouldn't have been found in contempt. My p.o. also advised me to contact her myself in person, I know this is a bad idea and for my own safety wouldn't put myself in that situation. I have done everything I can legally and have had her found in contempt, and had my order upheld. I just need to be able to collect my kids and I have the police department willing to enforce the order contingent on my presence. Idk what to do.
Re: Allowed to Travel but Not to Get My Children
Wait until your probation is over.
Re: Allowed to Travel but Not to Get My Children
That isn't until 2017 and I've already missed one solid year with my girls. Dang this is very discouraging
Re: Allowed to Travel but Not to Get My Children
This is what is commonly known as "facing the consequences of our actions".
Re: Allowed to Travel but Not to Get My Children
Sir I know this and I have done everything asked and required of me the entire three years of my probation to this point. I gave up and lost rights when I went on probation I haven't debated that for a single second. My only issue is that the only time I have been denied travel was when I am trying to excersize the right to see my children (a right not taken from me and that has been reafirmed by the court at contempt hearings) I am asking here to see if I have any avenue or resources left to peruse. I'm not crying or bitchibg or playing the "why me" game. Simply put I'm looking for constructive ideas to move forward with. That is commonly known as trying to be a responsible parent sir.
Re: Allowed to Travel but Not to Get My Children
File a motion to modify your probation allowing visits to your children.
Re: Allowed to Travel but Not to Get My Children
There is no part of my probation order saying I'm not allowed to visit my children so im not sure that is the motion I would need... Could I file a motion to grant travel only and specifically for the purposes of picking up and dropping off the kids? Thank you by the way I wasn't aware probation could be modified at all.
Re: Allowed to Travel but Not to Get My Children
It should be possible however, the state can always ask for changes also.
Re: Allowed to Travel but Not to Get My Children
Thank you very much. Its a starting point.
Re: Allowed to Travel but Not to Get My Children
The ide that you want to go to CO in order to get yhe kids would raise a concern for any PO. A condition of your order entails that you must comply with the conditions of probation. It does not require the department to assist you in travelling to another state. Fishing trips and Vegas is risky, but a frreedom that your PO may feel that you've earned once in a while. Testy exchanges of biological children on the other hand could spin way outta control. I'd figuer your PO is not willing to risk signing off on an endeavor that could have serious ramifications for you, the PO and the department if something happens that shouldn't. In all honesty, you are going to find serious obstacles in getting a probation department to approving that. Even taking it to court, I'm willing to bet the department is going to fight that request to the end.
Re: Allowed to Travel but Not to Get My Children
They always have let me go get them there for the previous three years, other than my ex wives non compliance and being found in contempt nothing has changed. But yes sir I see what you mean. It just seems awufully wrong.