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  1. #1
    Join Date
    Jan 2015
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    5

    Default Mother Plans to Violate the Visitation Order

    My question involves a child custody case from the State of Hawaii.

    Two minor children, Mother has physical custody, in Hawaii, I am military in North Carolina.

    October 2015, I filed to get an order with visitation plan timesharing etc.
    March 2016, Mother informs me she plans to travel with the kids all summer break through July 25.
    April 2016, Mother files a motion which ends up scheduled for June 1.
    April 27 hearing, my October motion is finally heard, Mother says that she already bought summer tickets, offers all kinds of future school breaks instead, and the court orders that:
    - June 1 hearing shall be continued until the last week of July.
    - Mother's trip is allowed, outside the US with the kids.
    - Mother shall send in writing her proposed visit plan for future visits, no later than May 4.
    - Father's request for a visitation plan is continued until the next hearing (i.e., last week of July)
    - Father shall have kids, in Hawaii, the last week of Summer Break, beginning July 25.

    After the hearing:
    - Mother did not provide proposed visit plan until May 6; when it arrived it was inconsistent with what she promised in court.
    - Mother informed me she will have the kids out of the country until late on July 26 and cannot change the tickets.

    Since she has violated the order and apparently plans to disregard the visitation date? I would like the Court to do something quickly, rather than at a slow weeks-long pace. If she takes the kids outside of the US I will have great difficulty to enforce the visitation order. As we are currently scheduled to meet in Court June 1, I think that's ideal, and the continuation should not happen. What is the proper way to ask the Court to do this?

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Mother Plans to Violate the Visitation Order

    There is no emergency, so that route is out.

    You said you're currently scheduled for June 1 - but you also say that the court ordered that hearing continued until July? Is that, or is it not, the most recent decision?

  3. #3
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Mother Plans to Violate the Visitation Order

    How are you going to be in a hearing the last week of July when you will be in Hawaii?

  4. #4
    Join Date
    Jan 2015
    Posts
    5

    Default Re: Mother Plans to Violate the Visitation Order

    On April 27 the judge instructed plaintiff's attorney to prepare the written orders, which would include:
    - the continuation (from June 1 to July 28)
    - plaintiff's requirement to prepare a draft plan by May 4
    - defendant's visitation for a week beginning July 25

    Currently none of the written orders are filed/approved, and the calendar still has us on for June 1. I was hoping that there is a way to prevent the continuance being granted, forcing her to appear June 1, given that she is already out of compliance with the orders.

    The location of the court is Hawaii; also the location of the children's residence.

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

    Default Re: Mother Plans to Violate the Visitation Order

    The continuance has already been granted. The calendar just hasn't been updated with the attorney's documents. It happens.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Mother Plans to Violate the Visitation Order

    So, the violation of the order on mom's part will be that she cannot be back on July 25th because her tickets to return are for July 26th? I am guessing she purchased those tickets before the order was made.

    I also agree with the other poster. How can you be visiting the children in Hawaii starting July 25th, when there is a hearing scheduled in NC for the last week in July? Or, are you saying that the court proceedings are taking place in Hawaii?

  7. #7
    Join Date
    Sep 2005
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    Default Re: Mother Plans to Violate the Visitation Order

    Quote Quoting llworking
    View Post
    Or, are you saying that the court proceedings are taking place in Hawaii?
    That is what he is saying, in a statement at the end of his last post.
    Quote Quoting bawg
    View Post
    March 2016, Mother informs me she plans to travel with the kids all summer break through July 25.... Mother's trip is allowed, outside the US with the kids.... Father shall have kids, in Hawaii, the last week of Summer Break, beginning July 25.

    After the hearing:... Mother informed me she will have the kids out of the country until late on July 26 and cannot change the tickets.
    Are we talking, then, about a loss of $thousands in replacing non-refundable tickets with tickets that would allow for an earlier return? If so, the most reasonable thing to do would ordinarily be to work out with mom some sort of make-up parenting time. But if you want to try to get something on the docket that would predate mom's departure from the U.S., you can explore available court dates, get a motion properly filed and served, and try to get a hearing and decision from the court.
    Quote Quoting bawg
    If she takes the kids outside of the US I will have great difficulty to enforce the visitation order.
    If you believe that she's not coming back to the U.S., that's an issue you would want to have addressed with the court back at the time of your hearing. If you believe she's coming back then what about her international travel would make enforcement of the order any more difficult than if we were talking about domestic travel?

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