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Accused of Denying Access and Not Cooperating With Scheduling Parenting Time

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  • 10-15-2014, 11:13 AM
    Who Knows?
    Accused of Denying Access and Not Cooperating With Scheduling Parenting Time
    My question involves a child custody case from the State of: New York

    I (mom) have a 2008 final order of visitation from the Supreme Court of NYS.
    It states supervised visitation alternate Saturdays, supervised by my friend who is named therein.
    It also states Dad is to call 2 hours prior or no visit, he shouldn't drink prior, no negative remarks, etc.
    He saw our daughter this way for one year, then stopped with no communications.

    In 2010 he came by my home to see her.
    I let him. (the order of protection I had against him had expired)
    From 2010 until recently, he would show up (always unannounced) at my door 2 or 3 times a year and visit her for about 30 minutes.
    That was their only communication.

    On his last two impromptu visits, he got nasty and accusatory with me, and I asked him to leave my house.
    I suggested he call my friend and resume visitation that way. He said he never would.
    He filed for a modification instead, stating:I don't let him take his daughter and do not cooperate with scheduling visits. And that my friend is no longer able to supervise visits. (NOT TRUE. And I have her notarized statement to bring to court with me).

    My question is: Did I actually violate the court order by letting him see his daughter at my house, and not insisting on supervised visitation?

    I didn't want to make waves, and figured a few minutes of positive interaction with her dad was better than none at all, so I let this go on,
    even though I am still afraid of him, as he has been violent and dangerous before. That's why when he starts in on me, I've asked him to leave.

    I do not want to be in trouble with the court! Please advise.
  • 10-15-2014, 11:18 AM
    Dogmatique
    Re: Dad Claims I Am in Violation of Visitation Order - Am I
    All you need to do is follow the current order.

    Granted, you may have given him enough to modify so that supervision isn't necessary, but that will be a different matter.

    As of right this second? You've done nothing wrong at all and he'd be a prize idiot if he went back to court to complain that you're letting him see your daughter outside of the court order!
  • 10-15-2014, 04:14 PM
    llworking
    Re: Dad Claims I Am in Violation of Visitation Order - Am I
    Quote:

    Quoting Dogmatique
    View Post
    All you need to do is follow the current order.

    Granted, you may have given him enough to modify so that supervision isn't necessary, but that will be a different matter.

    As of right this second? You've done nothing wrong at all and he'd be a prize idiot if he went back to court to complain that you're letting him see your daughter outside of the court order!

    In addition the visits WERE supervised. They were just supervised by mom instead of the friend.
  • 10-16-2014, 09:38 AM
    Who Knows?
    Re: Dad Claims I Am in Violation of Visitation Order - Am I
    Thank you! That's a relief.

    I didn't mention that my daughter has autism and for her, the sporadic visits with her dad are difficult. They are not frequent enough for her to be comfortable with him.

    I hope the court considers her disability when it comes to supervised or unsupervised visits, as well as his past history of violence.
    Should I bring copies of her records? (MD diagnosis, IEP)
  • 10-16-2014, 10:03 AM
    jk
    Re: Dad Claims I Am in Violation of Visitation Order - Am I
    All must realize; the visits were in effect supervised. You supervised them. I don't see your actions as damaging because you did not allow unsupervised visits. You continued the intent of the order.



    i see llworking already posted that exact statement. Sorry. Missed it first time around.
  • 10-16-2014, 11:01 AM
    llworking
    Re: Dad Claims I Am in Violation of Visitation Order - Am I
    Quote:

    Quoting Who Knows?
    View Post
    Thank you! That's a relief.

    I didn't mention that my daughter has autism and for her, the sporadic visits with her dad are difficult. They are not frequent enough for her to be comfortable with him.

    I hope the court considers her disability when it comes to supervised or unsupervised visits, as well as his past history of violence.
    Should I bring copies of her records? (MD diagnosis, IEP)

    It cannot hurt to have her records available. However, you also need to respond to dad's petition.
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