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  1. #1

    Default How Does One Enforce a Court Order Visitation Schedule

    My question involves a child custody case from the State of: Connecticut
    I have a court order signed by both myself and my ex-husband stating that he needs to provide me a visitation schedule on the first of the month for the following month. So April 1st, he should provide May's schedule...and so on. If he does not provide me with a schedule by the first, it is stated that I have the right to determine the visitation schedule for that scheduled month. The reason for this unusual visitation schedule is because he has a rotating work schedule, where he works 5 days and has 2 days off, then works 5 days then has 3 days off. I have no issues with working with his work schedule, and that is why we agreed, in court, to this visitation agreement. I do not know how to enforce the visitation rights he loses when he does not provide the schedule by the first. The main problem is because our daughter is an after school program and I need to know when he is picking her up and when I need to pick her up. He is always late with the schedule, but the past two months have been really bad. I usually don't get a schedule until a week or two before the beginning of the month, and lately the schedule has been off. So he has been picking her up on days that his schedule states is not his day to pick her up. Which results in a day, according to the schedule, that I am under the assumption that he is picking her up...but does not. Basically his schedule is off a day. I am constantly texting/emailing him to make sure he has gotten her, and that is how I am able to get her on the days when the schedule says he is going to get her, but in fact he is not picking her up. This is a big headache for me and I need help to enforce his visitations. He is giving me late visitation schedules AND they are incorrect; I am afraid one of these days he won't be there to pick her up and I will think he has gotten her from the information on his schedule.

    Is it possible to involve the school and/or the aftercare program with enforcing the pick-ups?

    How do I enforce the court order we both signed? Not only to feel more confident that our daughter is not being left at after-care/school?

    Knowing the correct schedule is important for our daughter so I can plan accordingly for her school activities, violin lessons, gymnastics and swim classes and her girl scouts troop meetings.

    Any information or advice is appreciated.
    Additional information to know:
    we have joint legal and physical custody, but he only has her 2 nights a week.
    He pays his child support on time, but not his daycare portion...which is also due on the 1st of the month. He is constantly late with that as well. But the money is not the main problem, it is her security and knowing where she is.

    Thank you

  2. #2
    Join Date
    Apr 2009
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    Default Re: How Does One Enforce a Court Order Visitation Schedule

    Nope - the school cannot enforce the court order for you. As frustrating as it is, the school cannot legally stop him from picking your daughter up even on his non-parenting days (not without a restraining order, anyway).

    (The school can get into a terrific amount of legal trouble if they were to refuse to let her go with him).

    If you can prove that Dad has been consistently..well..inconsistent, for the past few months, you may be able to convince the court that this arrangement is clearly not working and a new parenting plan is in order. Perhaps reverting to the standard NCP visitation schedule (one night per week plus every other weekend) might prompt him to actually follow court orders in the future?

    I'm glad you're trying to work with him, Mom. Have you tried talking to him? Is there a reason why he's become inconsistent lately? (New girlfriend? Work hours changed?)

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