How can I enforce out of state visitation?

[enigma1774]

What is the name of your state (Vermont)?

I have a court ordered visit scheduled the end of February 2012 for my son that I have already purchased tickets for. I am the non custodial parent and I live out of state. The custodial parent is stating he will not abide by the court order and decided to cancel the visit. Can I file a Motion to Enforce Visitation or Parental Rights and Responsibilities as they are refered to in Vermont before said visit is to take place? How can I compel custodial parent to abide by the order? He feels he's above the law so threats to take him to court do not work. I just want to ensure the visit takes place as it will be our sons 16th birthday. I am in Florida, custodial parent is in Vermont. Vermont has jurisdiction over the case. Thank You.

 

[Proserpina]

What is the name of your state (Vermont)?

I have a court ordered visit scheduled the end of February 2012 for my son that I have already purchased tickets for. I am the non custodial parent and I live out of state. The custodial parent is stating he will not abide by the court order and decided to cancel the visit. Can I file a Motion to Enforce Visitation or Parental Rights and Responsibilities as they are refered to in Vermont before said visit is to take place? How can I compel custodial parent to abide by the order? He feels he's above the law so threats to take him to court do not work. I just want to ensure the visit takes place as it will be our sons 16th birthday. I am in Florida, custodial parent is in Vermont. Vermont has jurisdiction over the case. Thank You.

Unfortunately there's very little you can do until after the date itself.

Are you meant to pick up your son? Is he meant to fly to you? You fly to see him?

 

[enigma1774]

My son is supposed to fly to me. He will be 16 next month and enjoys the winter breaks from Vermont on the beaches of Florida. He flies to see me about 5 times a year and each time I am met with contempt and threats from his father.

 

[mistoffolees]

My son is supposed to fly to me. He will be 16 next month and enjoys the winter breaks from Vermont on the beaches of Florida. He flies to see me about 5 times a year and each time I am met with contempt and threats from his father.

I would simply send father a letter with a copy of the court order for visitation and remind him that if he interferes with your visitation, you will be filing for him to be held in contempt. You will ask for full reimbursement of all expenses, additional makeup time (at his expense), and if it happens a second time, you will ask for a change of custody on the basis of his interference with your visitation rights.

It can be even more effective if you have an attorney send the letter.

There's no need to deal with contempt or threats. Just make it simple and factual. "Here is what the court order says and that is what we are going to do. End of discussion"

Of course, that assumes that you are following the letter of the agreement. Does the agreement specifically give you the right to this vacation time or is it a 'as agreed between the parents' kind of thing? If it's the latter, you need to go to court to get the order clarified.

 

[LdiJ]

I would simply send father a letter with a copy of the court order for visitation and remind him that if he interferes with your visitation, you will be filing for him to be held in contempt. You will ask for full reimbursement of all expenses, additional makeup time (at his expense), and if it happens a second time, you will ask for a change of custody on the basis of his interference with your visitation rights.

It can be even more effective if you have an attorney send the letter.

There's no need to deal with contempt or threats. Just make it simple and factual. "Here is what the court order says and that is what we are going to do. End of discussion"

Of course, that assumes that you are following the letter of the agreement. Does the agreement specifically give you the right to this vacation time or is it a 'as agreed between the parents' kind of thing? If it's the latter, you need to go to court to get the order clarified.

I agree and will add...if he does not allow the visitation then you absolutely need to follow through with either contempt or clarification in court. Do not let it go.