HELP! Before Mom is arrested !

[distraught]

A friend of mine is going through a nasty custody battle. The father of her children (never married) is an accused child molestor (never prosecuted-but pending). He currently has court ordered "supervised visitation". The children don't want to go with him. Every time he comes to pick them up they cry and beg not to go. The youngest even runs away from him to avoid getting into his car. He claims that if the mother doesn't force her children-kicking and screaming-into his car he will have her arrested for violating the court order. He has visitation again in just a couple of days and he claims that if the child doesn't willingly climb into his car to go with him he will leave and go straight to his lawyer to have charges pressed. She is confused and emotionally torn and can't understand why her children must endure this "ritual" twice a week for another month and a half (until the court hearing-which has already been postponed once). She does have a lawyer who has been no help at all and she doesn't know what her rights are. So I guess the question is - can she be arrested for not forcing her pleading children into his car?

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by distraught:
A friend of mine is going through a nasty custody battle. The father of her children (never married) is an accused child molestor (never prosecuted-but pending). He currently has court ordered "supervised visitation". The children don't want to go with him. Every time he comes to pick them up they cry and beg not to go. The youngest even runs away from him to avoid getting into his car. He claims that if the mother doesn't force her children-kicking and screaming-into his car he will have her arrested for violating the court order. He has visitation again in just a couple of days and he claims that if the child doesn't willingly climb into his car to go with him he will leave and go straight to his lawyer to have charges pressed. She is confused and emotionally torn and can't understand why her children must endure this "ritual" twice a week for another month and a half (until the court hearing-which has already been postponed once). She does have a lawyer who has been no help at all and she doesn't know what her rights are. So I guess the question is - can she be arrested for not forcing her pleading children into his car?<HR></BLOCKQUOTE>

My response:

No, she doesn't have to force her children to go. With charges pending against him, any cop would and should understand that her first duty and priority is the safety and security of her children. And, besides, by the time he tries to get her into court on this matter, all she has to do is deny he ever came by to get the kids. And, even if he can prove it, he'll be in the midst of a criminal trial by that time and too concerned about that. Any judge would understand her concerns, especially in this situation.

IAAL



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[Always searching]

x

[This message has been edited by Always searching (edited October 14, 2000).]

 

[distraught]

In reply to questions asked in response by "Always Searching", he is now married to a different woman. She is the "supervisor" of these visitations. The children don't want to go with her either. In fact, to go deeper into the story, a couple of weeks ago she went to pick up the children by herself (she said he was working late) and the children were extremly upset by having to go with her. Mom contacted her lawyer and was told "to make the children go with the new wife because it would show that she was cooperating fully when it came time for court proceedings." Which raises yet another question, do step-parents have the visitation rights that are given to their spouses? This is an unbelievably complicated story but at the heart of it is two innocent children who are the true victims.

 

[usdeeper]

You need another attorney.

At the very LEAST, get the person who is supervising the visitation changed to someone official. I believe he will have to pay for this. Arrange it so you take the children to a netual place with the official who will supervise the visitation.

However, I agree with above.. I would ensure I was out then he arrived and let him take the legal actions. I would certainly not force my children into a car screaming and crying.. If he got in anyway abusive, get a restraining order against him.