Visitation

What is the name of your state? CA

My ex-husband was recently awarded visitation with our 11 and 14 year old children. Visitation is scheduled every other Sunday and commenced on 11/16/03. There have been nothing but problems since visitation started.

My children have since advised they do not want to visit any more and do not like it over there.

On 01/15/04, we attended a hearing for modification of support (for which he is now over $54,000.00 in arrears). Support has now been reserved, as he has provided a note from a doctor stating that he was diagnosed with Psychosis in June of 2003 but no prognosis was provided. Our case has been continued until 6/8/04, wherein he is to provide a prognosis.

Of course, I am concerned for the welfare of my children when they are in his care (PSYCHOSIS). I immediately filed an OSC (ex-parte) requesting visitation be discontinued. We were in court on 1/20/04, at which time my request was denied until hearing on 2/17/04. In the meantime, he has two visits prior to that hearing. We are also scheduled for mediation on 01/30/04. I have asked if the children can attend mediation but was advised the mediator would have to request it.

I understand I have no choice but to send them on their next two visits or I will be in violation of a court order. Without having to rely on the hope the mediator will request it, is there any other way for my children to be heard perhaps by the judge and can they be forced to continue the visits even if they do not want to do so?

[stealth2]

As long as there is a court order requiring visitation, the children MUST go or you will be held accountable.

The judge may listen to your 14 yo. The 11 yo is likely too young.

Thank you for your input and I understand as long as there is a court order I have to let them go. My question is not if I have to let them go on their next visit but how do I get my kids to court to have their say in the matter, without having to rely on the mediator to request it if he or she feels like it? In other words, is there something I can file so the kids can go to court and have their say?

[stealth2]

Your best bet would be to have your lawyer request it. (And *please* don't tell me you're doing this pro se)

Thus far I have been handling everything in pro per. I have been a single parent, raising my children alone for 11 years and an attorney is not affordable. My ex-husband has been hiding out all this time. We were separated in 1993, divorced by 1996 and I had to file a restraining order in 1998. They even granted him visitation then and he never utilized it. He just wanted to call when it was Father's Day, a birthday or Christmas. He had visitation with them every week if he wanted to and didn't want to use it or follow the guidelines. He only contacted me by pay phone or from his families homes and would never provide his own home number or address or anything. To me he is as good as a stranger and I don't give my children to strangers.

Now that he claims to have Psychosis and knows he doesn't have to pay child support (which he wasn't paying anyway), he's not afraid to go to the courts and wants to all of a sudden jump into our children's lives.

I was under the impression this forum was for free advice given by professionals with legal/family law background and was trying to handle this myself. I am looking into finding an attorney. Maybe someone pro bono.