CP denying NCP visitation

[Montana751]

The CP is mad at the NCP so she said she will not let the NCP see the children. I know a court order has to be filed, is there anything faster? The NCP is suppose to have them this weekend 12/7 to 12/9. (They are suppose to go to Sunday School and really shouldn't miss is considering they go every other Sunday - this is the only Sunday this month that they are suppose to attend) - the CP won't take them, says its to far and its an inconvience for her.

 

[jeanine]

Unfortunately you have to wait and see if she witholds the visit this weekend. If so, file paperwork on Monday. You'll have a court date within a month or two depending upon where you live.

 

[alax]

Please! stop the insanity! at Sunday school, won't they learn about forgiveness and turn the other cheek, and if someone demands your shirt, give them also your cloak? then, out the door to the court room arena where the battle can continue?!
where is the logic? where?

 

[Grandma B]

No guarantee it will work, but you could have your attorney send her a letter stating the repercussions for denying visitation.

A one-time denial isn't worth going to court. If she begins to set a pattern of denying visitation, you'll want specific records with dates, etc. If she does this over a period of time, then you might consider filing contempt charges and asking for additional visitation.

 

[sadeyes24]

hi

take your paper work and a cop and go get the kids then she can notdo a damn thing !!!!!! you have rights to have your kids on that date when its susposed to be .

 

[Grandma B]

Might work, but law enforcement often will not involve themselves in civil matters. Also, if your decree states every other weekend instead of 1st, 3rd & 5th or whatever, it won't be clear that it is YOUR weekend to have the children.

 

[LegalBeagle]

The CP is mad at the NCP so she said she will not let the NCP see the children. I know a court order has to be filed

So are you saying that there are currently NO court orders in place?

 

[smh33]

Ditto Legal...do you have order in place now?

Ditto GrandmaB....police will not assist,even if order does state 1,3rd wkds...police have no clue if you 2 verbally agreeded to switch,etc...

If you have order,
Spend the $, send certified letter stating intent to use visit on _ date, from _ time to _ time. Be sure to include in letter body restatement of what your order says & fact time is your scheduled time. Gives you head start should visit be denied...request any reply to be written. Even if cp calls, says no visit...show up whereever u supposed to get child...daycare,school,cp's...especially if cp's home.....have a witness with you if possible, better if not spouse/partner. Get documentation from whereever that u showed up, have your cert.letter & order...and that child not available. If p/u at cp's...go to door w/ witness, express desire to pick up, if no...just leave, do not fight. Document facts. Continue to do same as long as issues/problems may be encountered....need to prove pattern w/ more than just your word/cp's word.
Court can be expensive, personal choice but, u can file a motion,represent self...only costs court fees & motion...if this is the only issue

One time or wait for a few....well who suffers here...child & NCP...not to mention that once you (ncp) allow cp to interfere with visits, you reinforce cp's assumed power to delegate visitation. If onetime, chances are will happen again. Letter from lawyer or NCP stating reprecussions or intent to prosecute cp if visit withheld may do trick, worth try. 1 time, 1 time too many,just as 1 support payment missed...seems quite unforgivable. I would nip in bud 1st time. If file order (visit is denied) talk to clerk or lawyer....there are ways to get case in court within week or 2 when issue has time factor.....I have gotten in in 2 days before, infront of diff judge due to time...Good Luck

 

[Montana751]

Told her to call her lawyer

Well we told her that she was violating the court order and if she didn't believe us to call her lawyer. We were able to get the kids that weekend.

(We are documenting everything she says and does. This way if we have to go to court, we have documentation of whats been happening).

Thanks for the advice.

 

[daveLC]

been there all to many times..... police? sure waited on them with my paper work for an hr.. no show..... go back to court? why? they say be a good mother and let the father see his child. and she would..... for a week or two... then disapear.. again... only to take her back to court, get new visitation schedule, only for the same thing to happen again in a couple months.. family court has no concern for the father.... i can understand why.... being so many fathers run away.... but.... what about us who care.... dont we matter?

 

[smh33]

Your own documentation is fine but, if time allows always send a certified letter to other parent stating problem, stating how you expect things to work, include copy of court order. Request a written reply from ex as to how they intend to handle situation. Even if they do not reply, this type of documentation will work even better for you in court. Show time frame of issue, shows your effort to work out problem, shows (by reply letter) ex's attitude at co operating, etc....no verbal agreements ever if possible....if you do agree to something verbally....follow it up w/ a certified letter stating date, time agreement made, what agreement was, etc......