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Visitation Order being violated...Mother of my child moved out of state unlawfully

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DADSHAVERIGHTS2

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Michigan
I (non-custodial parent) contacted the court about my childs whereabouts. I was suddenly unable to locate my child. Friend of the Court informed me that my childs mother (custodial parent) moved to Louisianna. No permission from me or the court was ever granted or even been asked for . We had no idea she had moved. Anyway, she's there now with our child and meanwhile my visitation order is being violated..so I "took her to court for contempt". The court sent her a letter and I was present and she never showed. Instead she phoned the judge an hour after court time was scheduled and we had court via speakerphone. Eventhough the we (court, her and I ) agreed that she would now have to make arrangements every other weekend for my child to be able to visit me...I don't think that is good or fair enough. Do I have any other options? Is there any action I can take against her? Any advice you can give me would be greatly appreciated..The court decided this in mid July and I still haven't been able to see my child..What if she doesn't hold up her end of the bargain? The court said then, she would definitely be held in contempt for failure to follow a court order...but what if the same thing happens...What/ Where are my rights as a father?
 


B

betterthanher

Guest
DADSHAVERIGHTS2 said:
What is the name of your state?What is the name of your state?What is the name of your state? Michigan
I (non-custodial parent) contacted the court about my childs whereabouts. I was suddenly unable to locate my child. Friend of the Court informed me that my childs mother (custodial parent) moved to Louisianna. No permission from me or the court was ever granted or even been asked for . We had no idea she had moved. Anyway, she's there now with our child and meanwhile my visitation order is being violated..so I "took her to court for contempt". The court sent her a letter and I was present and she never showed. Instead she phoned the judge an hour after court time was scheduled and we had court via speakerphone. Eventhough the we (court, her and I ) agreed that she would now have to make arrangements every other weekend for my child to be able to visit me...I don't think that is good or fair enough. Do I have any other options? Is there any action I can take against her? Any advice you can give me would be greatly appreciated..The court decided this in mid July and I still haven't been able to see my child..What if she doesn't hold up her end of the bargain? The court said then, she would definitely be held in contempt for failure to follow a court order...but what if the same thing happens...What/ Where are my rights as a father?
I believe you can demand the child be returned to the state. Why don't you file for full custody given the fact that she took the child out of state and violated your order. I am sorry you are having to go through this...do you have an attorney?
 

casa

Senior Member
DADSHAVERIGHTS2 said:
What is the name of your state?What is the name of your state?What is the name of your state? Michigan
I (non-custodial parent) contacted the court about my childs whereabouts. I was suddenly unable to locate my child. Friend of the Court informed me that my childs mother (custodial parent) moved to Louisianna. No permission from me or the court was ever granted or even been asked for . We had no idea she had moved. Anyway, she's there now with our child and meanwhile my visitation order is being violated..so I "took her to court for contempt". The court sent her a letter and I was present and she never showed. Instead she phoned the judge an hour after court time was scheduled and we had court via speakerphone. Eventhough the we (court, her and I ) agreed that she would now have to make arrangements every other weekend for my child to be able to visit me...I don't think that is good or fair enough. Do I have any other options? Is there any action I can take against her? Any advice you can give me would be greatly appreciated..The court decided this in mid July and I still haven't been able to see my child..What if she doesn't hold up her end of the bargain? The court said then, she would definitely be held in contempt for failure to follow a court order...but what if the same thing happens...What/ Where are my rights as a father?
If the friend of the court notified you that the mother had moved, then the mother must have notified the court.

The problem is that you agreed with the e/o/w schedule and that was made part of the court's decision. Since then, have you attempted to see your child during the scheduled visitation time? What did the court say re; who provides transportation? If the court determined she would be responsible for transportation on X day/time and she has refused -you could file contempt charges...otherwise what is stopping you from seeing your child?
 

BL

Senior Member
casa said:
If the friend of the court notified you that the mother had moved, then the mother must have notified the court.

The problem is that you agreed with the e/o/w schedule and that was made part of the court's decision. Since then, have you attempted to see your child during the scheduled visitation time? What did the court say re; who provides transportation? If the court determined she would be responsible for transportation on X day/time and she has refused -you could file contempt charges...otherwise what is stopping you from seeing your child?
Eventhough the we (court, her and I ) agreed that she would now have to make arrangements every other weekend for my child to be able to visit me...I don't think that is good or fair enough. Do I have any other options? Is there any action I can take against her?
It appears that the Judge ruled the Mother was make arrangements for the child to visit the Father , since SHE interfered with HIS visitation rights .

To the orig. Poster ( OP ) , Because SHE has not made arrangements for YOUR visitations as scheduled , talk to the Friend of the Court .

Also , write her a Letter Demanding your visitations ( as agreed and Ordered by the Court ) . Send it Certified return receipt requested . Keep a copy of the letter and the return receipt ( together ).

If SHE does NOT honer the agreement , the ruling of the Court , File contempt Petition against her .

You may want to consider , as another member advised to File For Custody /Visitation modification , citing the Contempt , and request a change of Custody .

The Judge has already warned of contempt , and is likely to order a Jail Term .
 

LdiJ

Senior Member
Blonde Lebinese said:
It appears that the Judge ruled the Mother was make arrangements for the child to visit the Father , since SHE interfered with HIS visitation rights .

To the orig. Poster ( OP ) , Because SHE has not made arrangements for YOUR visitations as scheduled , talk to the Friend of the Court .

Also , write her a Letter Demanding your visitations ( as agreed and Ordered by the Court ) . Send it Certified return receipt requested . Keep a copy of the letter and the return receipt ( together ).

If SHE does NOT honer the agreement , the ruling of the Court , File contempt Petition against her .

You may want to consider , as another member advised to File For Custody /Visitation modification , citing the Contempt , and request a change of Custody .

The Judge has already warned of contempt , and is likely to order a Jail Term .
I really don't understand why the judge didn't just order her to return the child to MI.

Unless mom is rich (and even then its not really workable due to airline schedules) an every other weekend visitation schedule between MI and LA is completely unworkable. He/she just delayed the inevitable.

Its possible that there may be some detail to this story that we are missing....because that's just a wierd way for the judge to rule......or perhaps dad didn't motion for anything other than contempt?

I am not sure that I agree that jail is likely yet.....possible yes, likely no. I think that it needs more specific rulings by the judge before it reaches that level. I could be wrong, but that's my "gut".
 
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BL

Senior Member
I know in my case , not in those states , It ended up with a ruling of civil contempt , and She was order to make arrangements ,or turn herself in in My State for a 30 day sentence , but then again if she never came to My State , I doubt they'd go get her .

I don't know why that Judge allowed that agreement , but my bet the Mother was convincing that She would abide by it .
 

casa

Senior Member
LdiJ said:
I really don't understand why the judge didn't just order her to return the child to MI.

Unless mom is rich (and even then its not really workable due to airline schedules) an every other weekend visitation schedule between MI and LA is completely unworkable. He/she just delayed the inevitable.

Its possible that there may be some detail to this story that we are missing....because that's just a wierd way for the judge to rule......or perhaps dad didn't motion for anything other than contempt?

I am not sure that I agree that jail is likely yet.....possible yes, likely no. I think that it needs more specific rulings by the judge before it reaches that level. I could be wrong, but that's my "gut".
There is definately something missing from the story- If the father had the child e/o/w before, how did he 'miss' the child, mother and household moving? It's possible she picked up everything and moved within those 2 weeks- but it would seem the child would mention it or the father would see boxes etc. etc.

Another issue is OP stated the Friend of the Court notified him the mother had moved out of state- How did they know that if the mother didn't notify the court?

Re; transportation- If the judge ruled e/o/w, it seems unlikely the judge would 'overlook' how that was supposed to transpire. ie; no ruling as to who provides transportation or when the visits were to begin? Those aren't things the court typically overlooks completely.

OP: What exactly does the court order say? Can you please provide the exact wording so you can get better directions whether to file contempt, change of custody or modification?
 

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