What is the name of your state (only U.S. law)? TN
I'm asking this question on behalf of my SIL. She has supervised visitations with her 5yo little boy at her ex-husband's house every Saturday for 4 hours. CO states that Mom gets to choose what times she would like to spend with their child and she must contact Dad any time before each Saturday to let him know the times and Dad must make the child available for her.
Dad works some Saturday's but SM is home with kiddo all day on Saturday's along with her own child that she has with Dad. Dad has been giving Mom a lot of heartburn when it comes to the times of the visitation. She'll call to set up the times and, more often than not, he'll tell her that she can't come at that time because he's working and won't be home until 7:00/8:00pm and she can come then. Well, as you can see, if she comes at 8, the visitation won't be over til midnight and kiddo usually crashes around 9 or so. She hadn't made a stink about it because she just wanted to see her little boy.
The past two Saturday's, Dad has denied Mom her visitations because they were "busy". She didn't know to call the police and file a police report (until I told her, after the fact) but says she will in the future.
Since their CO doesn't state specifically that Dad has to be present for the visitations, could Mom come to visit the child with SM present? If not, shouldn't Dad make himself available for her visitations since he agreed to Saturday's in court?