No Tresspassing, etc.... ???

[cablsurvivor]

What is the name of your state?VA
If I don't have custodity of my child, do I have a right to have no trespassing papers served on someone who is a threat to my child? Especially since the court has ordered my ex-wife; that this individual is to stay away from my son. I just want it to be extremely clear that he is to stay away from my son. Also it is court ordered that I get my son one weekend a month.I made previous arrangements with her on the weekend I would be getting him next month, and now she says I can't have him. She also keeps me from talking to him on the phone. I live 7 hours away. I feel like I'm losing my son. Some helpful advice please!

 

[casa]

What is the name of your state?VA
If I don't have custodity of my child, do I have a right to have no trespassing papers served on someone who is a threat to my child? Especially since the court has ordered my ex-wife; that this individual is to stay away from my son. I just want it to be extremely clear that he is to stay away from my son. Also it is court ordered that I get my son one weekend a month.I made previous arrangements with her on the weekend I would be getting him next month, and now she says I can't have him. She also keeps me from talking to him on the phone. I live 7 hours away. I feel like I'm losing my son. Some helpful advice please!

If the court has ordered the individual to stay away from your son- that should suffice. If the individual is not staying away from your son, you need to get proof of that and file in court for contempt. This is a serious issue. If the Xwife is allowing contact- she could risk losing custody among other things.

Does your court order specify what weekend is your visitation? If so, and she denies visitation- file a police report and take it to court to file contempt. At first usually a judge gives a warning...but it will encourage her to cooperate. If she continues to deny visitation, she risks fines, jail time and loss of custody.

Does your court order address telephone contact? If not, you could file to modify the order to include that based on the distance between you. If it already allows that, call on a regular basis. If she continues to deny you contact, file in court for contempt (along with your phone bill demonstrating the phone calls to her home).

 

[cablsurvivor]

va Thanks for the advice. I just reviewed paperwork. It turns out that I can call between the hours of 9 - 10 p.m. The paperwork also states that she has to cooperate as to which weekend I choose to pick him up, as long as I give one week advance notice.

 

[casa]

va Thanks for the advice. I just reviewed paperwork. It turns out that I can call between the hours of 9 - 10 p.m. The paperwork also states that she has to cooperate as to which weekend I choose to pick him up, as long as I give one week advance notice.

Ok then call between those hours...if she says you cannot talk to them, hang up. The duration of those calls (on your phone bill) will demonstrate you were not able to have a conversation with them.

To encourage her to take visitation seriously (& provide documentation you may need in court) send her notice re; the visitation certified mail, return receipt. Then you can prove you gave her notice and have that combined with a police report if she refuses.

Being assertive may be the spur she needs to cooperate. If not, it will be what saves your relationship with your child.

 

[SMURFEELAW]

Did the Court actually issue a RO against this individual? Or just tell mom to keep the creep away? My hubby when he was NCP did manage to get a RO against moms bf that included his daughter as protected. So on mom's weeks bf had to find another place to live b/c he wasn't to be with 100 feet of our house, moms house, or anyother family members house or school the child was attending he also couldn't come to visitation exchanges. Since we are far away we were sure to inform local police that there was this order protecting the child if the cops were called out to that house while my SD was there to arrest him that dad would press charges. As far as we know it worked my SD did not see that man again of course mom still does but that is another story.

 

[cablsurvivor]

my ex-wife was informed in court by the judge. He has not been officially ordered by the court, but the problem is he still comes around because he jointly owns the property w/ my ex-wife.Another issue is they also have a child together. She has broken the court order once, but the judge let it slide.

 

[casa]

my ex-wife was informed in court by the judge. He has not been officially ordered by the court, but the problem is he still comes around because he jointly owns the property w/ my ex-wife.Another issue is they also have a child together. She has broken the court order once, but the judge let it slide.

Judges do give the benefit of the doubt- but if it continues to happen...there will be consequences.

 

[cablsurvivor]

Hey "casa", Thanks for your advice yesterday. It was very helpful, and today it's been one day expressed through the mail. Again, thanks.