Visitation of 7 year old boy

[jeanine]

I am writing on behalf of my fiance who has a 7 year old son from a previous marriage. He has not had visitation with his son since December 16. My fiance's ex-wife got mad at him for refusing her request to cancel one of his weekends so she could go away with his son. Since then this child has hung-up on him, written him letters with ridiculous excuses of why he doesn't want to go with his father and returned letters his father sent him - all obviously coached by the mother.

My question is: if the child says he doesn't want to go, can my fiance simply put him in the car on his court-appointed visistation days without getting in trouble? We live in Nassau County, NY and we've had the police at the pick-up before but they said they can't force the child to go. How can a 7 year old be allowed to make his own decisions - especially with no valid reasons as to why he doesn't want to go. Help! THis has been going on for two months. Last time this happened, my fiance didn't see his son for four months.

 

[jyoung]

File a motion for contempt of visitation against your
husbands ex as it is her responsiblity to provide the child to the dad for visitation. Your husband can request that the ex bring the kid to your house or to a supervised setting for the transfer if the kid continues to make a scene. Personally, I'd look into a lawyer and start documenting parental alienation syndrome.

 

[jeanine]

Visitation of 7 year old boy/2

My fiance cannot afford an attorney. We've pretty much been doing the legal work ourselves. We have documented everything that has happened. We tape his conversations which show his ex-wife interfering with visitation. We made copies of the boy's letters to show the judge. We are presently awaiting a court date (nassau county, ny).

I have done research on PAS and court cases which state the negative effects of a custodial parent interfering with visitation. An attorney friend of mine suggested sending the judge a letter prior to the hearing with all of the evidence and stating that my fiance wants his rights to visitation enforced, pick-up/drop-off location changed (presently at ex's house) and to have the court appoint a child psychiatrist familiar with PAS.

Does he stand a chance acting as his own attorney? I have prepared talking points for him for court. Can he play the tapes and read his talking points?