She's not following the court ordered visitation!

[Pony1]

Hi, I'm in CA.

I have an every other weekend, midweek, every other holiday, and 5-consecutive-week summer schedule with my child. It's now a court order. She tried to fight giving me this time but she lost. My summer schedule is the last week of July and all of August. There is a clause that says holiday schedules, special days, and summer schedule overrides regular weekend schedule. She thinks that this means that once the summer starts I don't get any midweek or weekend visitation except for my five weeks. That would mean my child would go almost 2 months without seeing me! I don't think the judge intended for all of june and most of July to go by without my child having access to me. Anyway, I clarified it with my attorney and she said that the weekends still stand over the summer. But my ex is still refusing to budge. She claims that she is experiencing medical problems due to heavy stress and that that means she is not going to accept any communication from me regarding this matter. Since she's stressed, she believes she doesn't have to talk to me and doesn't have to let my child see me. My question is: What are my options at this point? Should I let her know that I will pick my child up at the regular place when my next weekend comes? ANd if she's not there, then will she be in contempt of court? What exactly happens when one is in contempt of court? If this continues to happen could this someday result in a change of custody? What should I do? Your comments are appreciated!

 

[MySonsMom]

I believe that clause was meant for you. Meaning, if YOUR court ordered visitation falls on a holiday etc...then the holiday visitation is the one that is honored. (ie: you have a weekend visit and that Sat falls on a holiday, and that particular holiday is HER holiday that year...YOU forfeit YOUR day with the child(ren) and allow her to have them)

Does that make sense? So, you continue your weekday and weekend visitatons as scheduled during the summer.

 

[morning_angel]

Yes, Let her know that you will be there to pick up your child for your regular court ordered visitation. Make sure that you are there in a timely manner so she has no excuse not to give the child to you. If she does not give you the child for visitation, document the event accurately and have your attorney file for contempt.

Initially, nothing much will happen to her if she is found in contempt of court (possibly a fine, generally a "slap on the wrist), however, if a pattern is established, in the future you could possibly file for custody reversal on the grounds of visitation interference. By taking action on the contempt, you will let her know in no uncertain terms that you are not fooling around when it comes to your relationship with your child. You might also want to mention to her that if she is stressed now, how stressed will she be if she is facing contempt charges in court?

MySonsMom is right about the clause. If Christmas falls on YOUR weekend, and it's HER Christmas, she gets the child. If Christmas falls on one of HER days during the week, and it's YOUR Christmas, you get the child, etc.

As far as the summer visitation goes, I am not sure about that...it would seem unlikely that a judge would expect you to go for all of June and most of July without seeing the child, however, on the other hand, it would also mean that the mother would not be able to take a vacation with the child during the summer because you have midweek visitation and alternate weekends, and then <i>she</i> would be faced with no contact with the child for 5 full weeks during your visitation period. It seems like an arguable situation either way. Is it possible that you can make some concessions with the mother? Make your (reasonable) offer in writing, keep a copy and send it registered mail, so that she must sign for it. That way if you have to go into court, you can show that you tried in good faith to resolve the situation without litigation.

Good Luck!

 

[LegalBeagle]

Hi, I'm in CA.

I have an every other weekend, midweek, every other holiday, and 5-consecutive-week summer schedule with my child. It's now a court order. She tried to fight giving me this time but she lost. My summer schedule is the last week of July and all of August. There is a clause that says holiday schedules, special days, and summer schedule overrides regular weekend schedule. She thinks that this means that once the summer starts I don't get any midweek or weekend visitation except for my five weeks. That would mean my child would go almost 2 months without seeing me! I don't think the judge intended for all of june and most of July to go by without my child having access to me. Anyway, I clarified it with my attorney and she said that the weekends still stand over the summer. But my ex is still refusing to budge. She claims that she is experiencing medical problems due to heavy stress and that that means she is not going to accept any communication from me regarding this matter. Since she's stressed, she believes she doesn't have to talk to me and doesn't have to let my child see me. My question is: What are my options at this point? Should I let her know that I will pick my child up at the regular place when my next weekend comes? ANd if she's not there, then will she be in contempt of court? What exactly happens when one is in contempt of court? If this continues to happen could this someday result in a change of custody? What should I do? Your comments are appreciated!

The first action should be a certified letter (receipt return) detailing that you will be exercising your visitation on x date and will be at the agreed exchange point at x time. Failure to comply with the court order will result in a comtempt of court charge and possibly a petition for a change in custody.

Anyway, then go to the exchange point and make sure you document and get proof/witness of you being there. Then get your attorney to file an 'Order to Show Cause' detailing her refusal to follow the judges orders.

Good luck.