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  1. #1
    Join Date
    Oct 2019
    Posts
    2

    Default Visitation Court Order is Flawed

    My question involves a child custody case from the State of: Delaware. I will try to give as much details as I can without making this a novel. My wife and I are currently separated and have been separated for a year. During our separation I was able to talk to our two children every day and see them four times or five times a week. The only thing that changed in the relationship is that I didnít sleep at our house. We got into an argument where she called 911 to have me removed from the house And claimed that I pushed her. I was arrested and issued a no contact order against her not the children. I reached out to our childrenís daycare provider a month after having no contact with any of them to see if I can visit my children. I was Told that that wasnít in the best interest of the children. My lawyer put a motion to modify my bill because he was a criminal lawyer not a family lawyer. And we were asking to modify the conditions of the no contact order so I could contact my children. Which was a month after I reached out to the day care lady during that session I found out that we could not modify the bell because there were civil cases that were still pending. The next day I was served divorce papers, Child support, And a PFA, etc. thatís when I realized that all this paperwork was put in two days after I contacted the daycare provider for our children. The PFA states that she wants no contact with her our two children in the day care. Fast forward 2 1/2 months to the PFA hearing we settled and there was a court order stating that I would have no contact with her normal PFA language I was there was also a visitation arrangement where I would pick the children up every Tuesday and I would have them every other weekend and I was able to contact her through text message and email about the children. For her to agree on this visitation schedule I had to agree to do two sessions with our childrenís counselor and that the counselor had the authority to change the visitation schedule through written recommendation to the court. I had one session the week after the PFA hearing. Then the counselor went on a three week vacation apparently. We had our second session and I waited two weeks after the second session to contact my wife and tell her that I was moving forward with the visitation because I wanted to spend time with our children. Of course she was upset and all of a sudden now she is readily available to have a text conversation. I informed her that there was no written recommendation that says that I cannot move forward with this visitation from the counselor. And then low and behold the very next day there is an email that goes out to her attorney and my attorney to me and her stating that itís not in the best interest of the children at the time. It has now been 2 1/2 months since the visitation order was put into affect and I have only seen my children 2◊1 hour on both of those times. I believe there is a conflict of interest with my wife and the counselor. I donít know what to do any suggestions would help. Thank you

  2. #2
    Join Date
    Oct 2006
    Posts
    15,656

    Default Re: Visitation Court Order is Flawed

    Quote Quoting Pslater007
    View Post
    My question involves a child custody case from the State of: Delaware. I will try to give as much details as I can without making this a novel. My wife and I are currently separated and have been separated for a year. During our separation I was able to talk to our two children every day and see them four times or five times a week. The only thing that changed in the relationship is that I didn’t sleep at our house. We got into an argument where she called 911 to have me removed from the house And claimed that I pushed her. I was arrested and issued a no contact order against her not the children. I reached out to our children’s daycare provider a month after having no contact with any of them to see if I can visit my children. I was Told that that wasn’t in the best interest of the children. My lawyer put a motion to modify my bill because he was a criminal lawyer not a family lawyer. And we were asking to modify the conditions of the no contact order so I could contact my children. Which was a month after I reached out to the day care lady during that session I found out that we could not modify the bell because there were civil cases that were still pending. The next day I was served divorce papers, Child support, And a PFA, etc. that’s when I realized that all this paperwork was put in two days after I contacted the daycare provider for our children. The PFA states that she wants no contact with her our two children in the day care. Fast forward 2 1/2 months to the PFA hearing we settled and there was a court order stating that I would have no contact with her normal PFA language I was there was also a visitation arrangement where I would pick the children up every Tuesday and I would have them every other weekend and I was able to contact her through text message and email about the children. For her to agree on this visitation schedule I had to agree to do two sessions with our children’s counselor and that the counselor had the authority to change the visitation schedule through written recommendation to the court. I had one session the week after the PFA hearing. Then the counselor went on a three week vacation apparently. We had our second session and I waited two weeks after the second session to contact my wife and tell her that I was moving forward with the visitation because I wanted to spend time with our children. Of course she was upset and all of a sudden now she is readily available to have a text conversation. I informed her that there was no written recommendation that says that I cannot move forward with this visitation from the counselor. And then low and behold the very next day there is an email that goes out to her attorney and my attorney to me and her stating that it’s not in the best interest of the children at the time. It has now been 2 1/2 months since the visitation order was put into affect and I have only seen my children 2◊1 hour on both of those times. I believe there is a conflict of interest with my wife and the counselor. I don’t know what to do any suggestions would help. Thank you
    What exactly was the counselor's recommendation?

  3. #3
    Join Date
    Jun 2010
    Posts
    643

    Default Re: Visitation Court Order is Flawed

    And what is the conflict of interest?

  4. #4
    Join Date
    Oct 2019
    Posts
    2

    Default Re: Visitation Court Order is Flawed

    This is the email that was sent


    Good Afternoon,

    My name is ********* and I am the therapist for *********.
    I am currently out on vacation but wanted to follow up with an email to give my recommendations and suggestions.
    I met with ********** on 8/26 at my office to discuss my concerns and hopes moving forward. I highlighted that******* has been extremely emotionally since the incident where his father was removed via police but also asks for his father regularly.
    I shared my concerns with *******regarding his drinking based off of******* himself sharing he has seen bottles in his father’s car on several occasions. He shared with therapist that he was afraid when his father was drinking.
    Therapist herself has observed ***** in the past intoxicated as well while in the lobby of a session. With these concerns I asked *****to start with sessions with ***** where he first allows him to express his fears and they start to reconnect so ******* can trust him before moving to visits where ***** would transport or have over night visits.
    *****stated he agreed and was willing to do what was in the best interest of his children.

    On 8/29 a session took place with ***** and***** during which both appeared excited to see one another. ***** was appropriate during the session and did apologize to *****for making him afraid at any point. Half way through the session therapist allowed the younger child***** to join in while the whole family (including mother) played in the play room with therapist present.
    The next schedule session is for next Friday 9/27 at 4pm.
    My schedule does not permit twice weekly sessions as suggested in the court order asI do not do visitations and I have other clients as well.
    Based on my interactions with ***** during sessions, rushing him into visits alone with his father can potentially cause more harm than good. He had a rough school year last year and our hopes are to provide as much of a successful school year this year.

    The conflict is that instead of her having a professional relationship with my wife and myself she’s making herself ready leave available to my wife and is hard for me to contact her she doesn’t reply to my text messages she doesn’t reply to my voicemail when I call but it seems like when my wife contacts her she gets her right away whereas I was text messaging her when she was on vacation and I was texting my wife saying that I couldn’t get a hold of our son‘s counselor told her what I was going to do With where she replied that she’s been on vague the counselor has been on vacation and she’s not taking calls and Bam the next day I got a text message from my wife explaining that this email was sent and I need to check my email and look for the email I get the email an hour later and I also get a text message from the counselor stating that she’s not she doesn’t take calls while she’s on vacation. The counselor and my wife’s relationship is not professional it’s too much of aFriend relationship and all the concerns that she has in the email aren’t coming from my son they are coming from my wife so that’s the problem that I half my wife is does not want me to see the children right now for some reason she relayed that to the counselor counselor has power to issue a recommendation that’s my issue.

  5. #5
    Join Date
    Oct 2006
    Posts
    15,656

    Default Re: Visitation Court Order is Flawed

    It was a little difficult to read with the redactions but did I understand the counselor to say that she believe that you and the children needed more joint counseling before proceeding to regular visits? I also understood the counselor to say that she was not available to do it twice a week?

    It does seem to me that there might be a little more going on here than you initially presented. However, if you believe that mom is not adhering to the court orders, then your only really viable solution is to take mom to court for contempt.

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