<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by allison moore:
i have a step daughter who is 9 and grandparents have custody my husband and i have visitation rights and they are saying that she wants to go to her friends house and that if she doesnt want to come she doesnt have to we have spent alot of money on this and we are still not getting our visitation as scheduled by the court is there any way that we can take them to court our selves without having to spend so much money on an attorney and does she have to come when scheduled rather she wants to or not<HR></BLOCKQUOTE>
My response:
Since the grandparents are the custodians of the child, they cannot merely put their heads in the sand by saying, "Oh well. The child won't go." That's not good enough.
Implementing a visitation order necessarily turns upon the custodial parent's ability to make the child available for visitation. A custodial parent probably has sufficient control over a child of "tender years" to compel the child to visit with the other parent under the terms of the court order; and the custodial parent's failure to comply would thus be punishable by contempt of court, by means of imprisoning or fining the custodial parent . . . provided he or she had the ability to comply with the visitation order (i.e., sufficient control over the child to compel the child to visit. [Rosin v. Super.Ct. (1960) 181 Cal.App.2d 486, 499-500, 5 Cal.Rptr. 421, 428-429]
You'll have to be proactive about this and obtain the assistance of an attorney to help you, and the grandparents, understand their role, and their obligations to you and to the court.
IAAL
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