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  1. #1
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Help

    What have you done to enforce visitation?

    Have you turned up and been refused?

    If you haven't seen her in 4 years, you really need to file again to modify the current visitation order. She won't know you, really, and it would be in her best interest to have initially short, supervised visits in Dad's community.

    Then eventually if all goes well, you'll generally be able to go back to a regular visitation schedule with overnights and weekends etc.

  2. #2
    Join Date
    Feb 2011
    Location
    NC
    Posts
    7

    Default Re: Help

    I have tryed to do something I've wrote the court house a letter and they say he's in contempt cause he's not provided any info. For me to reach her.and I've not been denied my visits threw court he has denied my visits. And I'm willing to do anything to see her so can I petition the court to make him give me my visits.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Help

    Ok, writing to the court won't work - they are not actually allowed to communicate with you that way.

    You need to file a motion in court - and if you don't know how to do that, you really need to speak with an attorney.

    Please tell us though, exactly what your visitation order says, word for word. (Minus names).

  4. #4
    Join Date
    Feb 2011
    Location
    NC
    Posts
    7

    Default Re: Prevented From Exercising Visitation

    OK my parenting plan states as follows
    first in Tennessee you have to do parenting classes witch my certificate was filled in 05. Witch the divorce was filled then as well. And it stated my visits started once that was filed with the court. Then. My visits mothers day every,July 4th odd,labor day even. Thanksgiving day odd. Christmas even. And then Christmas on even years he has from school is dismissed to Christmas at one. Then I get from 1pm till 6pm the night before school resumes. Transportation is to be split equal between the two party's. I will pay 372.00 a month in support I do every month. I'm entitled unimplied telephone conversations with her twice a week. To know what school she goes to. Records of them. To be giving 48 hours notice of any activities. We signed June 10th. And he had an attorney I didn't so I feel like I got took...

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Prevented From Exercising Visitation

    OK, thank you.

    How many times have you actually turned up at Dad's house to get your daughter? Have you ever filed contempt?

    How many times have you requested the records from the school?

  6. #6
    Join Date
    Jan 2011
    Location
    MISSOURI
    Posts
    42

    Default Re: Prevented From Exercising Visitation

    Can she call the cops if she makes an attempt to pick up child (within the custody agreement guidelines) and he refuses? Would that be kidnapping or something along those lines?
    (not saying you should do that babyjulie I know its what I would though lol)

    Has he ever given you a reason for whitholding your child from you?

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Prevented From Exercising Visitation

    Quote Quoting singlemom87
    View Post
    Can she call the cops if she makes an attempt to pick up child (within the custody agreement guidelines) and he refuses? Would that be kidnapping or something along those lines?
    (not saying you should do that babyjulie I know its what I would though lol)

    Has he ever given you a reason for whitholding your child from you?

    Would you send your 6 year old - who hasn't seen the other parent in FOUR YEARS - to visit with a virtual stranger? Really? I sure as heck wouldn't. I very, very rarely suggest or advocate going against a court order but in this situation, you bet your bottom dollar I would do so.

    Legally, it is not kidnapping by ANY means. It doesn't even come close to kidnapping.

    Legally, if Mom actually turned up on Dad's doorstep and refused visitation he IS technically in contempt - but I find it highly unlikely that he'd get reprimanded for that given the situation.

    That's why I advised Mom to file for a new visitation order. Her and kiddo need to be reintroduced to each other over a period of time. We have got to think of the child here - this isn't really about Mom or Dad. It's about the child. While kiddo has the right to both parents, after being absent most of her young life as Mom has she (kiddo) deserves some time to adjust.

    With regards to why Dad is withholding the child...I'm not convinced that he actually is withholding the child. Mom doesn't appear to have done much to actually go and visit - but that's why I asked the question

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