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  1. #1
    cv76brwn is offline Junior Member
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    Exclamation NEED HELP!! violation of court Visitation papers

    What is the name of your state? North Carolina

    I recently started visitation with my daughter a couple of month ago. According to court papers on Feb 9th my overnight visits started every other Saturday. The first weekend visit went fine. Earlier this week my ex contacted me and wanted me to change which weekends i was to have my visitation. I told him no, I did not want to change weekends and that we should stick to what the vitiation papers say. This weekend(feb23) my ex never showed up with my daughter,Nor would he answer or return my phone calls. I contacted the police and was told there was nothing they could do, Because the papers were only temporary!! We are due back in court to revise visitation schedule after 3mo of overnight visitation. I thought if either side did not comply with the court ordered visitation papers, they could be held in contempt. Was the officer wrong & Can i hold him in contempt ? If so, how should i go about this??
  2. #2
    stealth2 is offline Senior Member
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    Only the court can find him in contempt. The cops were pretty much right - the only thing they really could do was take a report. You'd have to file against him in court. But, be aware that one instance isn't likely to get you too far.

    You absolutely must document every time he doesn't show up.

    Why did he want to switch?
  3. #3
    nextwife is offline Senior Member
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    Quote Originally Posted by cv76brwn View Post
    What is the name of your state? North Carolina

    I recently started visitation with my daughter a couple of month ago. According to court papers on Feb 9th my overnight visits started every other Saturday. The first weekend visit went fine. Earlier this week my ex contacted me and wanted me to change which weekends i was to have my visitation. I told him no, I did not want to change weekends and that we should stick to what the vitiation papers say. This weekend(feb23) my ex never showed up with my daughter,Nor would he answer or return my phone calls. I contacted the police and was told there was nothing they could do, Because the papers were only temporary!! We are due back in court to revise visitation schedule after 3mo of overnight visitation. I thought if either side did not comply with the court ordered visitation papers, they could be held in contempt. Was the officer wrong & Can i hold him in contempt ? If so, how should i go about this??
    Just an FYI: a NCPs failure or inability to use visitation is NOT contempt. Court ordered Visitation is a right, not a court ordered obligation. It is important why he requested the switch.
  4. #4
    Zephyr is offline Senior Member
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    Quote Originally Posted by nextwife View Post
    Just an FYI: a NCPs failure or inability to use visitation is NOT contempt. Court ordered Visitation is a right, not a court ordered obligation. It is important why he requested the switch.
    NW- I believe it's the ncp posting and she was denied time
  5. #5
    penelope10 is offline Senior Member
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    Quote Originally Posted by Zephyr View Post
    NW- I believe it's the ncp posting and she was denied time
    How long has ex had custody of daughter and what were his reasons for wanting to switch weekends?
  6. #6
    Ohiogal is offline Senior Member
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    Also who is mandated to provide transportation and did you go to pick up your daughter?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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