What is the name of your state (only U.S. law)? IL
I am the legal and physical custodian of our son. The x-wife has been found in contempt and continues to violate court orders related to visitations. Her visitation just got recently re-instated from supervised to non-supervised. The last 2 scheduled visitations, she has violated an order restricting her drug-addict boyfriend from my son during scheduled visitations and I have proof of it as she has admitted it on text messages, the last of which I saw him inside her apartment so I took our son back. Today, she once again violated that restriction order and a medical order that states she is to follow doctor orders for our son's medication who has asthma. When I dropped him off today, I instructed her to give him the medication at noon and at 4PM. When I picked him up, I checked the medication and it was untouched, she claimed that I never told her to give him the medication and then later claimed she forgot, then once again claimed I never told her to give him the medication. The medication is a treatment via a nebulizer which I handed her during drop off. It's ridiculous cuz if I never told her to give him the medication then what is the point of me leaving the machine with her. This is a constant thing I deal with with visitation and feel that our son is at risk everytime he visits with her. There is a scheduled court date in a couple weeks for the final judgement but there is no trial scheduled. I plan to file two petitions for rule, one for the restriction order and the medical order that were violated. There was also a petition for rule that was never ruled on for violating her previous supervised visitations.
At what point can I forfeit her visitations? She has complete and utter disregard for the authority of the courts and continuously violates order which places our son at risk. There is one more scheduled visitation before we go back to court. Knowing that she will continue to violate court orders, can I cancel and reschedule this visitation till after my petitions are heard? I have no intentions of depriving my son of contact or visitations with his mother but this has been problematic since the start. There is obviously a reason why I was granted the legal and physical custody and not his mother. I have always facilitated their relationship but I feel that my son is being put at too much risk. I am also concerned as to why a drug-addict boyfriend is being forced in our son's life irresponsibly. They have only been dating since the first week of December and my son had already been exposed to this guy as early as christmas and she adamantly breaks the order forcing the new boyfriend in our son's life not caring about the restriction orders. Where does the assumption of risk fall into this picture. I don't want her to argue that I am aware of the violations yet I continue to leave him there knowing that she will violate the orders anyway.
Please advise!
I am the legal and physical custodian of our son. The x-wife has been found in contempt and continues to violate court orders related to visitations. Her visitation just got recently re-instated from supervised to non-supervised. The last 2 scheduled visitations, she has violated an order restricting her drug-addict boyfriend from my son during scheduled visitations and I have proof of it as she has admitted it on text messages, the last of which I saw him inside her apartment so I took our son back. Today, she once again violated that restriction order and a medical order that states she is to follow doctor orders for our son's medication who has asthma. When I dropped him off today, I instructed her to give him the medication at noon and at 4PM. When I picked him up, I checked the medication and it was untouched, she claimed that I never told her to give him the medication and then later claimed she forgot, then once again claimed I never told her to give him the medication. The medication is a treatment via a nebulizer which I handed her during drop off. It's ridiculous cuz if I never told her to give him the medication then what is the point of me leaving the machine with her. This is a constant thing I deal with with visitation and feel that our son is at risk everytime he visits with her. There is a scheduled court date in a couple weeks for the final judgement but there is no trial scheduled. I plan to file two petitions for rule, one for the restriction order and the medical order that were violated. There was also a petition for rule that was never ruled on for violating her previous supervised visitations.
At what point can I forfeit her visitations? She has complete and utter disregard for the authority of the courts and continuously violates order which places our son at risk. There is one more scheduled visitation before we go back to court. Knowing that she will continue to violate court orders, can I cancel and reschedule this visitation till after my petitions are heard? I have no intentions of depriving my son of contact or visitations with his mother but this has been problematic since the start. There is obviously a reason why I was granted the legal and physical custody and not his mother. I have always facilitated their relationship but I feel that my son is being put at too much risk. I am also concerned as to why a drug-addict boyfriend is being forced in our son's life irresponsibly. They have only been dating since the first week of December and my son had already been exposed to this guy as early as christmas and she adamantly breaks the order forcing the new boyfriend in our son's life not caring about the restriction orders. Where does the assumption of risk fall into this picture. I don't want her to argue that I am aware of the violations yet I continue to leave him there knowing that she will violate the orders anyway.
Please advise!
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