Temporary Domestic Order question

[Kingdnh]

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

Temporary domestic order states that the party moving out of the residence (me) shall be allowed to have frequent contact and communication with the children in person or by phone.

I wanted to see my children (7 and 2), but mom will only let me see them at McDonalds while she's present.

She won't allow me to take them anywhere by myself.

Is she in violation of the order?
What can I do to be able to take and play with my children while I wait to have the court hearing?

 

[CTU]

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

Temporary domestic order states that the party moving out of the residence (me) shall be allowed to have frequent contact and communication with the children in person or by phone.

I wanted to see my children (7 and 2), but mom will only let me see them at McDonalds while she's present.

She won't allow me to take them anywhere by myself.

Is she in violation of the order?
What can I do to be able to take and play with my children while I wait to have the court hearing?

Please tell us word for word (minus identifying info) what your order says. If what you said above is the exact wording, Mom is not violating the order.

 

[Kingdnh]

"If there are minor children, the party moving from the residence shall be allowed to have frequent contact and communication with the children in person and by telephone. If the parties cannot agree on a time-sharing arrangement during the pendency of this case, a Court Clinic Referral Order shall be entered immediately and, if necessary, interim time-sharing will be established at the hearing on a Motion for Interim Relief."

 

[CTU]

"If there are minor children, the party moving from the residence shall be allowed to have frequent contact and communication with the children in person and by telephone. If the parties cannot agree on a time-sharing arrangement during the pendency of this case, a Court Clinic Referral Order shall be entered immediately and, if necessary, interim time-sharing will be established at the hearing on a Motion for Interim Relief."

Then your recourse is right there in that paragraph.

 

[Kingdnh]

I'm sorry, my head is going places right now. So if she's doing that, I have to file a court clinic order?

I don't quite understand. Thank you for your patience.

 

[CTU]

I'm sorry, my head is going places right now. So if she's doing that, I have to file a court clinic order?

I don't quite understand. Thank you for your patience.

Yes, that's what the wording of your order suggests should happen if the parents can't agree on visitation terms. For what it's worth, unless there's something you haven't told us there's absolutely no reason why you can't take the children to your home (assuming you live relatively close), and there's no need for supervised visitation either. Skype/phone visitation is also a possibility.

See if this helps:

https://seconddistrictcourt.nmcourts.gov/court-clinic.aspx

 

[LdiJ]

Yes, that's what the wording of your order suggests should happen if the parents can't agree on visitation terms. For what it's worth, unless there's something you haven't told us there's absolutely no reason why you can't take the children to your home (assuming you live relatively close), and there's no need for supervised visitation either. Skype/phone visitation is also a possibility.

See if this helps:

https://seconddistrictcourt.nmcourts.gov/court-clinic.aspx

HOWEVER you are going to want to get those court orders. Do not just snatch and keep the children, that just ratchets up the hostility and makes you look like the bad guy when it gets to court.

 

[Kingdnh]

Update. I texted the mother for me to be able to see my children, but she said that she can't.

How can I tell her to let me see them? I don't know how to approach her to enforce my rights.

Is there a specific way to text her to be able to use that on my favor if she doesn't let me?

 

[LdiJ]

Update. I texted the mother for me to be able to see my children, but she said that she can't.

How can I tell her to let me see them? I don't know how to approach her to enforce my rights.

Is there a specific way to text her to be able to use that on my favor if she doesn't let me?

We already told you what you have to do. You need to take it to court for specific, temporary orders. Also, she is not required to make the children available 24/7, so its ok for her not to always be able to accommodate a particular date/time that you want.

 

[not2cleverRed]

How about, you follow the suggestions and read the links, since she's not on the same page as you...

If you cannot understand what those suggestions were, you need to retain a lawyer and stop treating this like a DIY project.