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Can You be Taken to Court for Contempt Over a Late Pickup of a Child

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  • 07-22-2018, 09:43 AM
    junesummer
    Can You be Taken to Court for Contempt Over a Late Pickup of a Child
    Court order is in place for me to pick up my son on fridays at noon from his dads. I have to work and cant get him until three hours later. His dad says he will violate me on court order if i don't AND says he will take him to work with him out of the county. I have offered to help set up daycare where he lives. There is a clause in current order which says neither parent can "relocate" out of the county without consent. Dont know if this matters?

    His work is 1 1/2 hours away from where I live. We live only 30 min apart. His work is not appropriate for children as he works around gambling and he works from 11 -9pm. He is mad because I won't let him change his visitation days to his days off..which is against court order.

    His GF also willfully kept my son from me. she picked him up at 450 from daycare (I confirmed with the daycare) and took him to library and get treats and were 20 min late while I sat in my car and waited not knowing where my son was. They said they did this because i was late one day (10 min) dropping him off...his dad wasnt even home. He was also late 30 min one day pick him my son up from school. He said due to road work.

    What do I do if he takes him to work with him on Friday? Do I call police? Do I go get my son at his work and take police with me? Do I wait until he brings him to his house at 9/930 at night? My son is 10. I do have a lawyer, and so does my son but I wanted to get my thoughts together before I consult.
  • 07-22-2018, 10:22 AM
    jk
    Re: Violating Court Order, Visitation
    Relocation refers to moving the domicile. It doesn’t mean taking them to work.

    Who is the custodial parent (physical custody)?
  • 07-22-2018, 10:37 AM
    junesummer
    Re: Violating Court Order, Visitation
    Mom has placement....we have joint custody. Visitation for dad for summer is tues 7pm to Frida 12pm. Dad's days off changed and wanted him different days. I disagreed and said I would have him brought over to him instead of sending him to daycare on that day (which is a day he doesn't normally get him)

    I would think that him taking him to work on the day I have to pick him up would be: he's trying to make it so that getting my child back is inaccessible.???
  • 07-22-2018, 10:43 AM
    jk
    Re: Violating Court Order, Visitation
    Mom has placement? If you are the mother is there some reason you speak of yourself in the third person? That’s kind of weird.

    So basically you are having a problem with either the child being picked up by you or the father returning the child after his visitation times, correct?

    What would you suggest as a remedy? It’s nkt like he can leave a 10 year old at his home by itself. If you aren’t available and the father is scheduled to work, I’m kind of missing what your complaint is.
  • 07-22-2018, 10:56 AM
    junesummer
    Re: Violating Court Order, Visitation
    I dont know what the remedy is. I am court ordered to pick up my son on Fridays at 12. I can't do that because of work. His dad is threatening to violate me on court order and he is saying he will take him to work with him which is an hour and half away from where I live....seems like he's trying to make it so my son is inaccessible to me? The GF kept him from me purposefully. Last Friday. I dont know what to do or what to ask for from my lawyer. The case was finalized in April. I dont even have the final written court documents.

    I have offered to help set up daycare where he lives either my moms or another place which is 10 min from him. He is refusing. He is abusive..I had a victims advocate with me in court and during court at one time, they offered police protection on the way out due to his behavior. This is not a rational person I'm dealing with. I feel like I should not be talking on my own behalf..yes I am scared of this guy. Which is why I was not speaking in the first person.
  • 07-22-2018, 11:02 AM
    jk
    Re: Violating Court Order, Visitation
    Well since it is you not being able to pick up the child or recieve the child at the end of the ncp’s time with the child, the onus is upon you to find a remedy. The father is apparently willing to relinquish the child to you but you aren’t available. That isn’t his fault nor is it his obligation to figure out how to fix it. It is your schedule that is causing the issue, not his.

    The father isn’t keeping the child from you.

    this is also not a violation of the order

    Has the father said you cannot pick up the child from his workplace? Has the father said he would return the child to you after he gets home from work?
  • 07-22-2018, 11:07 AM
    junesummer
    Re: Violating Court Order, Visitation
    He won't return him to me after work. That's been the problem all along. My son is ten. He can't go to a casino. Where he works. Seems like he is keeping him from me when he is taking him hour and half away from me. They are purposely doing this to keep my son from me. They have been trying to do this all along. The agreement was for me to pick him up at his home. Not place of work. His GF also kept him purposely from me. I dont see how that can be legal.

    Can I ask my lawyer for a modification of the agreement? I mean we literally just ended this in April. He and his GF are being manipulative. It nearly ended up in trial.
    Can I file something against the GF for keeping my son from me intentionally?
  • 07-22-2018, 11:13 AM
    llworking
    Re: Violating Court Order, Visitation
    Quote:

    Quoting junesummer
    View Post
    I dont know what the remedy is. I am court ordered to pick up my son on Fridays at 12. I can't do that because of work. His dad is threatening to violate me on court order and he is saying he will take him to work with him which is an hour and half away from where I live....seems like he's trying to make it so my son is inaccessible to me? The GF kept him from me purposefully. Last Friday. I dont know what to do or what to ask for from my lawyer. The case was finalized in April. I dont even have the final written court documents.

    I have offered to help set up daycare where he lives either my moms or another place which is 10 min from him. He is refusing. He is abusive..I had a victims advocate with me in court and during court at one time, they offered police protection on the way out due to his behavior. This is not a rational person I'm dealing with. I feel like I should not be talking on my own behalf..yes I am scared of this guy. Which is why I was not speaking in the first person.

    Does your court order specifically make it so that no one else can pick up the child on your behalf? Could grandma pick up the child for you?
    If that doesn't work, I would suggest that you try to arrange things with your work so that you can take your lunch hour from maybe 11:30 or 11:45 until 12:30 or 12:45 so that you can pick the child up and take the child to your mother's on a temporary basis.

    Then hightail it back to court and get the judge to order that grandma or another responsible adult can pick up the child for you.
  • 07-22-2018, 11:23 AM
    junesummer
    Re: Violating Court Order, Visitation
    I appreciate this.. Unfortunately it is not possible to make arrangements with work. I teach summer school over an hour away from where he lives. It would mean leaving work every Friday at 1030 am to get him. I have offered to set up child care and either he could drop him off at grandmas...10 min away or for him to take him to the Y.

    Someone could pick him up on my behalf. It's very difficult to do that as we live 30 min apart. I am wondering if I can ask my lawyer for a modification???? Even though the order isn't even written yet?
  • 07-22-2018, 11:51 AM
    jk
    Re: Violating Court Order, Visitation
    Quote:

    Quoting junesummer
    View Post
    He won't return him to me after work. That's been the problem all along. My son is ten. He can't go to a casino. Where he works. Seems like he is keeping him from me when he is taking him hour and half away from me. They are purposely doing this to keep my son from me. They have been trying to do this all along. The agreement was for me to pick him up at his home. Not place of work. His GF also kept him purposely from me. I dont see how that can be legal.

    Can I ask my lawyer for a modification of the agreement? I mean we literally just ended this in April. He and his GF are being manipulative. It nearly ended up in trial.
    Can I file something against the GF for keeping my son from me intentionally?

    I know many casinos have daycare centers. It’s actually more for the patrons butif they allow the employees to use it, what’s the harm?

    Again, he isn’t keeping your son away from you. It’s your situstion that’s causing the problem.

    Here’s the solution;

    you either leave work early, change your schedule, or take the day off so you can pick up your son when the exchange is scheduled to take place. While you may not be explaining it well here, what I see is not the father causing a problem but your schedule causing problems and you want the father to accommodate your scheduling issues.
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