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  1. #1
    CMBeasy is offline Member
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    Does police enforce the court orders?

    What is the name of your state? CA

    According to the custody/visitation order I am to pick my son for Easter break this Saturday.

    The other party claims that she has an order that suspends visitation until the OSC is heard (on16th of April). When I requested to show me the new order she couldn't do. Moreover, I checked with the court there is no such an order in place.

    I know she will not give me the child, but I still want to try to enforce my scheduled visitation.

    Will police enforce the order?


    Thank you in advance for any advice.
  2. #2
    fairisfair is offline Senior Member
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    no, courts enforce court orders.
  3. #3
    CourtClerk is offline Senior Member
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    Fair is correct, the police will not get involved. However, if your ex continues this behavior and you are denied visitation, make sure to document, document, document and bring it up in court on the 16th.
  4. #4
    CMBeasy is offline Member
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    Quote Originally Posted by CourtClerk View Post
    Fair is correct, the police will not get involved. However, if your ex continues this behavior and you are denied visitation, make sure to document, document, document and bring it up in court on the 16th.
    You mean, I should come everyday and document everyday of refusal ?

    Does it make sense to enforce the order before 16th?
  5. #5
    casa is offline Senior Member
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    Quote Originally Posted by CMBeasy View Post
    What is the name of your state? CA

    According to the custody/visitation order I am to pick my son for Easter break this Saturday.

    The other party claims that she has an order that suspends visitation until the OSC is heard (on16th of April). When I requested to show me the new order she couldn't do. Moreover, I checked with the court there is no such an order in place.

    I know she will not give me the child, but I still want to try to enforce my scheduled visitation.

    Will police enforce the order?


    Thank you in advance for any advice.
    What the police do is make a report of the incident, which documents her denial. You file that report in court to demonstrate Contempt.
  6. #6
    CMBeasy is offline Member
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    Quote Originally Posted by casa View Post
    What the police do is make a report of the incident, which documents her denial. You file that report in court to demonstrate Contempt.
    Why can't police enforce already existent court order? How can the court enforce it? Only police can do it I guess?

    What about recent case in the media with Britney Spears, whose husband enforced the order with the help of the police. Or different rules apply to celebraties?
  7. #7
    TinkerBelleLuvr is offline Senior Member
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    Having gone thru your pain last August - only I was the CP trying to get her child back from NCP, there are certain things that police can do.

    If I were you, I would have your attorney on notice that you anticipate the X to not let you pick up the child. I'll explain why.

    Go to try to pick up the child. When your X denies you, call the police and request that they come. They cannot enforce because it is a civil matter, not criminal. But, this will give you the documentation you will need for court.

    Now, the attorney can file an ex parte motion for Monday that can give you an emergency motion for pickup. With the court order in hand for pickup, then police can then help you with the pickup because it can become criminal (custodial interference.)

    Now, all my dancing (and two court orders) took from Monday thru Friday. I had the refusal to put her on the plane on the previous Saturday. I watched my X be handcuffed and taken to jail until the child was produced. This was Friday. We were out of state within 2 hours after we left the court house.
  8. #8
    majomom1 is offline Senior Member
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    Quote Originally Posted by CMBeasy View Post
    Why can't police enforce already existent court order? How can the court enforce it? Only police can do it I guess?

    What about recent case in the media with Britney Spears, whose husband enforced the order with the help of the police. Or different rules apply to celebraties?
    Police will encourage all to follow the court order, but they cannot make them. When there is a 'hearing' pending - they are even less likely to get involved but they will take the report.

    Celebreties do not have different rules. You really cannot use Britney Spears as a comparison here. The police did not enforce anything - the camera and reporters helped in that situation.
  9. #9
    CMBeasy is offline Member
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    Quote Originally Posted by Ginny J View Post
    Having gone thru your pain last August - only I was the CP trying to get her child back from NCP, there are certain things that police can do.

    If I were you, I would have your attorney on notice that you anticipate the X to not let you pick up the child. I'll explain why.

    Go to try to pick up the child. When your X denies you, call the police and request that they come. They cannot enforce because it is a civil matter, not criminal. But, this will give you the documentation you will need for court.

    Now, the attorney can file an ex parte motion for Monday that can give you an emergency motion for pickup. With the court order in hand for pickup, then police can then help you with the pickup because it can become criminal (custodial interference.)

    Now, all my dancing (and two court orders) took from Monday thru Friday. I had the refusal to put her on the plane on the previous Saturday. I watched my X be handcuffed and taken to jail until the child was produced. This was Friday. We were out of state within 2 hours after we left the court house.
    Your story is very similar. I really don't know how to act better in my case. I would do everything you did, if not the pending hearing, the other party would claim that they just protecting the child till the next hearing (playing innocent, as they did with previous contempt). I just don't want irritate judge unnecessarily Confused...
  10. #10
    CourtClerk is offline Senior Member
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    I'm only familiar with your issue during Easter and (sorry) I'm too lazy to do the research. How often are you supposed to have your child? When is your next scheduled visitation period?
  11. #11
    maryjo is offline Member
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    Quote Originally Posted by CMBeasy View Post
    You mean, I should come everyday and document everyday of refusal ?

    Does it make sense to enforce the order before 16th?
    I am thinking they meant every day you have court ordered visitation. Show up for those days and document that she refused to let you have your child. Not every single day regardless of visitation. That could only do you harm.
  12. #12
    wileybunch is offline Senior Member
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    Quote Originally Posted by CMBeasy View Post
    What about recent case in the media with Britney Spears, whose husband enforced the order with the help of the police. Or different rules apply to celebraties?
    You'd have to see his CO to know. It may have had a clause in there that the if she doesn't turn the kids over, police may be used (words that effect). That can backfire. Some attorneys suggest that it helps when kids are young to know that laws are not for us to decide to follow and others will say it's a terrible trauma for children and should only be last resort. Britney was also in the processed of being committed on two occasions.
  13. #13
    casa is offline Senior Member
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    Quote Originally Posted by CMBeasy View Post
    Why can't police enforce already existent court order? How can the court enforce it? Only police can do it I guess?

    What about recent case in the media with Britney Spears, whose husband enforced the order with the help of the police. Or different rules apply to celebraties?
    Those boys (Spear's children) were taken due to Britney being placed on a 51/50 hold (danger to herself or others). It was 'agreed' between powers that be to allow the children to be taken by Dad's bodyguards back to him. Police were there for Britney, not the sons. Although the call was based on her behavior in re; not returning her sons- when law enforcement arrived there was no crime commited. The children were safe & returned to the Custodial Parent.

    What does that have to do with the OP? The OP (nor the other parent) is not being placed on a Psych. hold.
  14. #14
    casa is offline Senior Member
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    [QUOTE=CMBeasy;1884054]Why can't police enforce already existent court order? How can the court enforce it? Only police can do it I guess?

    [QUOTE]


    Define: "enforce"? Are you talking Civil or Criminal Law? It depends on if it rises to the level of criminal activity. Occasional denials of visitation are not enough to expect the court to react harshly/severely. If it's Parental Abduction? Yes. If you've ALREADY followed the process/procedure to prove and document ongoing issues? Yes.

    First or second time? Not so much.

    Basically, get a police report for every START of visitation PERIOD (not every single day unless you want to be chewed on). File them as they come. Don't file for actual Contempt until you have at least a couple. Gather affidavits/declarations from witness' etc.

    Then, they are admonished/reprimanded by the court....or fined...anything up to losing Custody. But you have to follow procedure. Start with documenation, then demonstrate history, then move on to Enforcing the Orders, then Parental Interference, etc. etc.
  15. #15
    CMBeasy is offline Member
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    Quote Originally Posted by CourtClerk View Post
    I'm only familiar with your issue during Easter and (sorry) I'm too lazy to do the research. How often are you supposed to have your child? When is your next scheduled visitation period?
    I have right to visit my son every two months on 5-3-5 schedule, all I need just notify the other party when I am planning to come in advance. So I did this time, they refused to discuss it and filed OSC. This time I planned to spent spring break 9 days, then two periods of 5 days with the breaks in between. All together 19 days. The other party claimed visitation are not working (to my surprise) and asks the court to suspend all visitations or at least no overnight. It will be a real shock for me if Judge approves this request.

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