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Motion to enforce visitation terms

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earthman

Junior Member
What is the name of your state (only U.S. law)? Arizona

My ex wife has refused to allow my 3 children to spend visitation time at my home. I have been to mediation with no resolution with the ex wife. I go to court on Friday to present to judge that she is restricting visits. She stated to me that the kids are not comfortable with visiting me at my home because I have a roomate. She has picked them up and taken them from my home on one occasion and refused to let them come on others.

I am seeking free advice as to how to best present my case to enforce the visitation terms.What is the name of your state (only U.S. law)?
 


acmb05

Senior Member
What is the name of your state (only U.S. law)? Arizona

My ex wife has refused to allow my 3 children to spend visitation time at my home. I have been to mediation with no resolution with the ex wife. I go to court on Friday to present to judge that she is restricting visits. She stated to me that the kids are not comfortable with visiting me at my home because I have a roomate. She has picked them up and taken them from my home on one occasion and refused to let them come on others.

I am seeking free advice as to how to best present my case to enforce the visitation terms.What is the name of your state (only U.S. law)?
Do you currently have a visitation order? If so she can be found in contempt for not following the court order.
 

earthman

Junior Member
is there any reason a judge would rule in her favor

I understand that ex-wife can be found in contempt.
I do not have a separate "Visitation Order". Visitation is spelled out in the Divorce Decree.
Do I need to anticipate a judge ruling that her reason for denying visitation (that I have roommate) is justified? I did screen the roommate for listing on sex offenders website; credit report; and three character references; and subsequently that he has an FBI security clearance.
 
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haiku

Senior Member
The crystal ball is broken...check back later...

is your visitation order specific, with days and times, or is it reasonable visitation?

It is usually harder to pin a contempt charge on "reasonable visitation". It would be best while attempting a contempt, in that case, to come up with a set visitation plan to also present, so there is no confusion about what reasonable visitation means.

if you have a set schedule she is not following, again we cannot tell you what a judge would rule, but having a roomie would not NORMALLY be a roadblock to visitation. Hopefully you have been documenting these attempts to visit, and saving any written corespondance pertaining to the situation.
 

earthman

Junior Member
How can I best present my argument?

I do have a divorce decree that designates specific days of the week and times of the day.
I did file a police report and I have a copy of same.
I do have a log of "visitation violations" listing dates, times, location, and references to the section of the decree that is violated - IMHO.

What can you suggest to help me make the most effective argument to the court?
 

TheGeekess

Keeper of the Kraken
I do have a divorce decree that designates specific days of the week and times of the day.
I did file a police report and I have a copy of same.
I do have a log of "visitation violations" listing dates, times, location, and references to the section of the decree that is violated - IMHO.

What can you suggest to help me make the most effective argument to the court?
Were these actual attempts to pick up Children? Or is this Mom telling you over the phone that they would not be available? You actually have to attempt to pick up before it becomes contempt. Inform Mom that visitation is resuming, and you will pick up the children at X place at X time on X date and will be returning them at X place at X time on X date. If she doesn't show up in a reasonable amount of time (traffic, public events, etc) call the police and have a report made. Make sure to have a copy of the papers granting the visitation. Police don't handle civil matters, but they will do a report, though you might have to insist. More than one is needed to file for contempt and if they are consecutive, it provides an immediate pattern.
 

earthman

Junior Member
our decree states children come to NCP after school

I am contesting incidents that were not actual physical attempts to pick up the children. CP stated the children were not coming, and/or she was "not comfortable" with them staying with me (the NCP).

There is one incident when CP picked up the children from my (NCP) house.

3 children involved: one takes a bus to my house after school, one is picked up at school by NCP, and picked up at CP home after school.

Does the absence of my going to physically pick up the kids at CP home mean I have no case?
 

Isis1

Senior Member
I am contesting incidents that were not actual physical attempts to pick up the children. CP stated the children were not coming, and/or she was "not comfortable" with them staying with me (the NCP).

There is one incident when CP picked up the children from my (NCP) house.

3 children involved: one takes a bus to my house after school, one is picked up at school by NCP, and picked up at CP home after school.

Does the absence of my going to physically pick up the kids at CP home mean I have no case?

it means proving your case is almost impossible. you need to be more proactive. plain and simple.
 

futuredust

Senior Member
Unless, of course, she is silly enough to tell the judge she told you no you can not see children because she is not comfortable with the kids coming to your home.

Maybe you can file for a clarification of visitation, and present that she has claimed she is "uncomfortable"..

The police report you have, what is it for exactly?
 

earthman

Junior Member
My ex may tell the judge that she is uncomfortable about the visits.
the police report references a specific code number that I have not looked up. It came as a result of my call to report violation of visitation.
thanks for the advice. I am more aware of how the law works and I see how to be more proactive.
 

Humusluvr

Senior Member
My ex may tell the judge that she is uncomfortable about the visits.
the police report references a specific code number that I have not looked up. It came as a result of my call to report violation of visitation.
thanks for the advice. I am more aware of how the law works and I see how to be more proactive.
The child that is supposed to be coming to your home on the bus - where do they go?

Are you going to pick up the child you are supposed to get after school?

"Not comfortable" is not a good reason. Go to get the children exactly as the order states, and then make the police report. And you could always email the ex that you are going to do exactly that:

Dear ex,

I realize that you have been interpreting the divorce decree a little differently that I have. My visitation with the children is on _________________, 3 children involved: one takes a bus to my house after school, one is picked up at school by NCP, and picked up at CP home after school.

I plan to do EXACTLY as our order states. There will be no deviation from this order. If you interfere with the order, I will make a police report every time. And I will take you back to court for contempt.

We will follow the court order exactly as it states.

Thank you,
Me



Just a suggestion. Maybe others have a better idea. If she knows what she is in for, she may shape up. Or, at least she'll know that you are going to follow through - no drama, no arguing, no questions. Follow the order exactly.
 

earthman

Junior Member
Does anyone know of a guidebook for contesting visitation violations?

Are there any known guides to pro se representation in visitation, custody, and like matters?
I have seen one advertised for $300 that promises big gains when dedicating 10 hrs per week to the legal process. I did not buy it because I am skeptical that it would work.
 

Humusluvr

Senior Member
Are there any known guides to pro se representation in visitation, custody, and like matters?
I have seen one advertised for $300 that promises big gains when dedicating 10 hrs per week to the legal process. I did not buy it because I am skeptical that it would work.
I think the best thing you can do is read Freeadvice everyday, and make friends with seniors. Ask questions, learn to research, and know that representing yourself is just plain hard work.
 

Zephyr

Senior Member
My ex may tell the judge that she is uncomfortable about the visits.
the police report references a specific code number that I have not looked up. It came as a result of my call to report violation of visitation.
thanks for the advice. I am more aware of how the law works and I see how to be more proactive.
Do you have any correspondence from mom denying the visits or acknowledging denied visits?
 

Zephyr

Senior Member
Are there any known guides to pro se representation in visitation, custody, and like matters?
I have seen one advertised for $300 that promises big gains when dedicating 10 hrs per week to the legal process. I did not buy it because I am skeptical that it would work.
You are much better off thoroughly studying the rules of civil procedure, including county and local, rules of evidence, case law etc and then spending as much time as you can (given work and other commitments) sitting in the courtroom while other family court matters are heard, and spending that $300 on an hour or two of attorney time to get any questions you may still have answered.
 

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