how to prove a father doesn't follow custody agreements

[covv8oyup17]

What is the name of your state (only U.S. law)?
California

My girlfriend is going through a custody battle with her ex husband and they can't agree on an arrangement now. My girlfriend currently has primary custody and the arrangement as of 3 months ago was that the father had the child every weekend from thursday till sunday. The only problem with this is that the only time that he has his daughter are the weekends that his mother (babies grandmother) is in town. all other weekends he makes no effort to see his daughter let alone actually take her for his visitation.

She has modified the current arrangement to every other weekend for the custody paperwork, due to his complaint of not having a weekend free to be able to "go out".

I guess the big question is can we do anything about the fact that he doesn't show up to pick her up when he is supposed to and is there anyway to show proof of this that actually hold up in court.

Thank you

 

[>Charlotte<]

What is she trying to accomplish? Does she intend to use this to demonstrate his indifference toward his child, thereby giving her leverage in the custody case, or does she just think he's in contempt by not exercising his visitation? Actually, as far as "contempt" is concerned, what do you mean "she" modified the arrangement? Is this simply a written agreement between the two of them, or is the visitation a court order?

 

[TheGeekess]

What is the name of your state (only U.S. law)?
California
I guess the big question is can we do anything about the fact that he doesn't show up to pick her up when he is supposed to and is there anyway to show proof of this that actually hold up in court.

Thank you

If Dad doesn't want to visit, he can't be made to visit.

 

[covv8oyup17]

better explanation

so the written agreement (not by court) was that the father had the child every weekend from thurdsday night till sunday night. The change was made when turning in papers to the court to change custody to the father having her every other weekend on the same days since he doesn't take her anyway.

The fight is coming from the fact that the father never actually takes her but doesn't want to pay child support and so she is trying to figure out how to prove he doesn't have her so that way she has a leg to stand on when it comes to court.

She has a calander for the last year of all the times he has had her and or not shown up to pick up the baby. But recently in mediation she was told that the calander made no difference since she filled it out.

 

[Ohiogal]

so the written agreement (not by court) was that the father had the child every weekend from thurdsday night till sunday night. The change was made when turning in papers to the court to change custody to the father having her every other weekend on the same days since he doesn't take her anyway.

The fight is coming from the fact that the father never actually takes her but doesn't want to pay child support and so she is trying to figure out how to prove he doesn't have her so that way she has a leg to stand on when it comes to court.

She has a calander for the last year of all the times he has had her and or not shown up to pick up the baby. But recently in mediation she was told that the calander made no difference since she filled it out.

Whoever this SHE is, SHE needs to get on the computer and post. Without a court order it does not matter. Unless the court ordered the written agreement, it doesn't matter. YOU do NOT have all the information.

 

[Zigner]

I guess the big question is can we do anything about the fact that he doesn't show up to pick her up when he is supposed to...

And, the totally blunt answer is: There is no we.