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  1. #1
    Chelle0511 is offline Member
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    Police Enforced Visitation

    What is the name of your state? IL
    Also, has anyone out there had any luck getting the police involved in enforsing court ordered visitation? Last Friday Christams Eve was our(my fiance and I's )holiday with his daughter. The ex's current boyfriend and the ex would not let us have her. We were an hour and a half from home and had not broght the divorce agreement, had brought hte police with us, they tried to convince her yet we did not have "proof". After speaking with an attorney yesterday he told me of a "criminal interference with visitation law", and that the police could enforce such orders, that it was not "civil" as so many say. Has anyone out there had any luck with such a circumstance?
  2. #2
    Whyte Noise is offline Senior Member
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    No experience personally, but thought I'd throw this in...

    In Missouri, language can be added to the decree that authorizes law enforcement to enforce the order, per the Missouri statutes:

    "Sheriff or law enforcement to enforce custody and visitation orders, when--limitations.

    452.425. Any court order for the custody of, or visitation with, a child may include a provision that the sheriff or other law enforcement officer shall enforce the rights of any person to custody or visitation unless the court issues a subsequent order pursuant to chapter* 210, 211, 452 or 455, RSMo, to limit or deny the custody of, or visitations with, the child. Such sheriff or law enforcement officer shall not remove a child from a person who has actual physical custody of the child unless such sheriff or officer is shown a court order or judgment which clearly and convincingly verifies that such person is not entitled to the actual physical custody of the child, and there are not other exigent circumstances that would give the sheriff or officer reasonable suspicion to believe that the child would be harmed or that the court order presented to the sheriff or officer may not be valid."

    This is added into my own decree... that law enforcement officials are to enforce the court order. If a valid court order is shown to an officer by an NCP that shows THEY are to have the child in their custody for "X" time and the CP refuses to hand over the child, the police CAN remove the child from the CP and place them with the NCP.

    I mention this because maybe IL has such a provision in the statutes as well. It would be worth looking into... and if there is it would be worth getting it added into the current decree.
  3. #3
    lonelyandsad is offline Member
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    Thumbs down untitled

    if you have court ordered visitation,your ex is in contempt for not allowing you to take her.her current boyfriend needs to butt out,hes not a party to the visitation,its no concern of his.file a contempt citation against your ex.,and let her explain to the judge why she may go to jail for contempt.unless she had a good reason for denying you the right to see your daughter,she may get one hell of a tongue lashing.
  4. #4
    Chelle0511 is offline Member
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    Talking Police ordered visitation

    Thanks so much! Can you please tell me if there is somewhere online that I can find somethign like that for the state of Illinois??
  5. #5
    tammy8 is offline Senior Member
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    There is no "our" in the visitation.

    Keep your nose out of this and let the court and your boyfriend handle, if HE wants to.
  6. #6
    Whyte Noise is offline Senior Member
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    I'd check the IL statutes for started Chelle.

    I'd look with ya, but my stpechildren just walked in the door for their Christmas visitation with my husband, so I'm about to get tackled. LOL
  7. #7
    Chelle0511 is offline Member
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    Grateful

    Yes, I know that she is in contempt, thanks. But, do I need an attorney to file this or can we just file at the court house on our own? Also, still needing ot know if there is a website that I can find that previous law for the state of Illinois?
    Last edited by Chelle0511; 12-28-2004 at 08:41 PM.
  8. #8
    CdwJava is offline Senior Member
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    The police are very reluctant to force issues when it comes to custody and visitation. Sorry, but we just are not keen on yanking a kid out of one home and passing them off to someone else. Instead, we usually opt to write it up and pass it on to the DA. if the DA feels it is sufficient to justify a violation of the court order, then they can file it with the court.

    In CA these court order violations are rarely charged. If they were, we might as well shut down the court system because I could take a dozen of them every week. Usually the information is used by the non-custodial parent when it comes to arguing for change of custody or support arrangements.

    Out here, lacking a court order to the contrary, we will try and cajole the errant party into agreeing, but we will rarely (almost never) arrest the errant party and remove the child to enforce the order.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  9. #9
    Chelle0511 is offline Member
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    Butt OUT!

    Tammy...for your informtaion there is an "our" in the equation. I'm not sure how things work in your household, but around here we are a family. Also, not that it is any of your business....but HE does want this and is right at my side aquiring info. Let me guess... you are one of these deadbeat mothers that sit around, collect child support and public aid and let your ex and the gov't support you and your children?!?
  10. #10
    Chelle0511 is offline Member
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    Carl,

    Carl, so are you pretty much saying that there is nothing that we can do? That his ex will now and forever choose when we get to see the child? I mean doesn't contempt mean something these days? They are going on 2 yrs. of divorse, court orders to alter holidays and we haven't had her one!
  11. #11
    CdwJava is offline Senior Member
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    Quote Originally Posted by Chelle0511
    Carl, so are you pretty much saying that there is nothing that we can do? That his ex will now and forever choose when we get to see the child? I mean doesn't contempt mean something these days? They are going on 2 yrs. of divorse, court orders to alter holidays and we haven't had her one!
    Well, unless the police and courts in IL or a lot different than here, I can only say that these areas get so muddy that you should not expect the police to act while AT the scene.

    The general response is to write up the crime report and forward it to the DA and let them handle it criminally.

    Because, if you are looking at it from the angle of the best interests of the child, is it better for the police to haul the offending parent off to jail and then grab the child? Or, better to try and keep it civil and then write it up?

    Personally, I am not going to traumatize a child that way unless I have to. And unless I have a clear court order compeling me to remove the child, the child would remain. The way our orders work in CA I would likely have to arrest the party that is out of compliance to enforce the order, and even that might not compel placement of the child with the party trying to enforce visitation. In my county it would almost certainly necessitate me placing the child with CPS.

    This is NOT in the interest of the child.

    Talk to your local District Attorney - or your/his personal attorney handling the matter, and see what they suggest. But, do not expect the police to go yanking kids from their homes.

    The police are stuck in the middle of these tug-o-wars every week ... and it can be a huge mess of dueling orders, claims and counter claims. For the most part, we refer it back to the DA and the courts to let them sort it out. If someone is in violation, they will issue an arrest warrant and we will arrest them. And that HAS happened. But, don't expect the cops to FORCE the issue at the scene. They might try to convince and cajole, but forcing the matter is not too likely.

    But, this experience is from CA, your state's law may be different.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  12. #12
    casa is offline Senior Member
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    Quote Originally Posted by Chelle0511
    What is the name of your state? IL
    Also, has anyone out there had any luck getting the police involved in enforsing court ordered visitation? Last Friday Christams Eve was our(my fiance and I's )holiday with his daughter. The ex's current boyfriend and the ex would not let us have her. We were an hour and a half from home and had not broght the divorce agreement, had brought hte police with us, they tried to convince her yet we did not have "proof". After speaking with an attorney yesterday he told me of a "criminal interference with visitation law", and that the police could enforce such orders, that it was not "civil" as so many say. Has anyone out there had any luck with such a circumstance?
    This is a hot topic on this site. My personal experience is that law enforcement can and will assist. I have however witnessed and heard of cases where officers said it was a 'civil matter'. I could ramble for decades on the technicalities of whether it is or is not a civil matter....(Most notably that I have heard judges advise people to call the police to at least make a report of any failure to release or deliver a child per custody/visitation orders).... The bottom line is that if you would have had your paperwork, the officer would likely have 'strongly advised' the other parent to release the children or make a police report documenting the order and also that they were not in compliance with it.

    File for contempt and visitation interference. Never pick up the children without the paperwork again. Also consider having a trusted family member or friend have access to the paperwork and a FAX in any future event.

    Good Luck
  13. #13
    Chelle0511 is offline Member
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    Quote Originally Posted by CdwJava
    Well, unless the police and courts in IL or a lot different than here, I can only say that these areas get so muddy that you should not expect the police to act while AT the scene.

    The general response is to write up the crime report and forward it to the DA and let them handle it criminally.

    Because, if you are looking at it from the angle of the best interests of the child, is it better for the police to haul the offending parent off to jail and then grab the child? Or, better to try and keep it civil and then write it up?

    Personally, I am not going to traumatize a child that way unless I have to. And unless I have a clear court order compeling me to remove the child, the child would remain. The way our orders work in CA I would likely have to arrest the party that is out of compliance to enforce the order, and even that might not compel placement of the child with the party trying to enforce visitation. In my county it would almost certainly necessitate me placing the child with CPS.

    This is NOT in the interest of the child.

    Talk to your local District Attorney - or your/his personal attorney handling the matter, and see what they suggest. But, do not expect the police to go yanking kids from their homes.

    The police are stuck in the middle of these tug-o-wars every week ... and it can be a huge mess of dueling orders, claims and counter claims. For the most part, we refer it back to the DA and the courts to let them sort it out. If someone is in violation, they will issue an arrest warrant and we will arrest them. And that HAS happened. But, don't expect the cops to FORCE the issue at the scene. They might try to convince and cajole, but forcing the matter is not too likely.

    But, this experience is from CA, your state's law may be different.

    - Carl
    No. I would never expect an officer to arrest the mother in front of the child and release the child to us. I want the child just as I do want our (the ex husband and I's) 1 yr old daughter growing up know that offivers of the law are "good people" and are there for help if needed. However again, I so expect her to let us exercise our visitation rights. What would we need to do in order to hold her contempt of court? Is this something that we can do on our own at the court house or do we need an attorney. Also, in speaking toour attorney he told me about the THE ILLINOIS UNLAWFUL VISITATION INTERFERENCE CRIMINAL LAW

    720 ILCS 5/10-5.5


    My experience has been that most law enforcement officers are not familiar with the criminal unlawful visitation interference law. When presented with a copy of the statute by a complaining parent, they take swift and decisive action. If you've been having problems enforcing the terms of your visitation agreement, try downloading the test of the statute and show it to the officer who responds to your next complaint of visitation interference. Here it is:


    720 ILCS 5/10-5.5


    10-5.5 Unlawful visitation interference


    (a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10-5 of this Code.

    (b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference.

    (c) A person committing unlawful visitation interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor.

    (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.

    (e) The notice shall:

    (1) be in writing;

    (2) state the name of the person and his address, if known;

    (3) set forth the nature of the offense;

    (4) be signed by the officer issuing the notice; and

    (5) request to the person to appear before a court at a certain time and place.

    (f) Upon failure of the person to appear, a summons or warrant of arrest may be issued
    This may not be in your state, but how do you think this would hold up in Illinois? Thanks for everything! Michelle
  14. #14
    LdiJ is offline Senior Member
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    Quote Originally Posted by Chelle0511
    What is the name of your state? IL
    Also, has anyone out there had any luck getting the police involved in enforsing court ordered visitation? Last Friday Christams Eve was our(my fiance and I's )holiday with his daughter. The ex's current boyfriend and the ex would not let us have her. We were an hour and a half from home and had not broght the divorce agreement, had brought hte police with us, they tried to convince her yet we did not have "proof". After speaking with an attorney yesterday he told me of a "criminal interference with visitation law", and that the police could enforce such orders, that it was not "civil" as so many say. Has anyone out there had any luck with such a circumstance?
    I am pretty much going to reinforce and summarize the answers you got from everyone else.

    While the police are sometimes willing to go to the home and help you try to enforce visitation. For the most part writing up a report is the most that they can realistically do for your fiance.

    He needs to file contempt against her for violating the court order. The first time that happens she is probably only going to get a lecture and maybe a small fine. However if the behavior continues and he takes her back to court every time, eventually the consequences will be more severe. Yes, he certainly can file the case himself without using an attorney.

    You can search around all you like for statutes that allow criminal options...but the reality of the situation is that most DAs aren't going to tie up the criminal court's time with visitation issues. The resources simply aren't there to do that. I am not saying that it never happens, just that you shouldn't be looking in that direction as a primary solution to the problem.
  15. #15
    stealth2 is offline Senior Member
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    Tammy is, however, correct in that there is no "our" except in terms of you being Dad's wife. You are not a party to the order (nor is Mom's b/f - legally the two of you are on equal legal footing - legal strangers). While you can gather info for Dad, he's the one who will have to deal with the attorney and/or file any motions that need filing. You cannot do that for him. And, in general, it is better to allow the two parents to sort it out and not add more fuel to the fire.

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