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What is the name of your state? Ca
Father wants stipulated custody judgement turned into an actual court order, so if any problems arise in the future, police can enforce it.
There are also several issues father would like to address and possibly change. He is also worried about the safety andcare given to the child.
How should he go about this, without an attorney?
Would he ask for a court date due to changes in circumstances?
Should he file an ex parte?
Can he just ask for a court date to discuss everything?
Any suggestions?


Senior Member
The only things that modify court orders are court orders. Is the original an ACTUAL Court order signed by a judge? If so then yes if one or both parties want to modify it they must take it to court with our without a laywer.

As far as the police getting involved? what are you expecting them to get involved with? You have little shot of the police enforcing ANYTHING. If a CP does not allow the NCP to have the children a report can be filed for documentation but the police will not enforce it. You take the report ot court to show proof of contempt. The police will not go to a house and demand a child or children go anywhere, arrest a parent as such or chase down a parent that isn't at the designated spot.


I was thinking that the police would enforce an actual court ordered custody better than a stipulation. This is the impression the police have given us in the past,when the mother refused to turn over the child for father's week.
The actual court stipulation is stamped with the judges signature.


Senior Member
Most police will not get involved in a CIVIL matter.

You have to have a court order granting the rights.
Then you file for contempt - when the order is violated.
Then a judge decides how to handle the contempt.

In most cases, its a naughty, naughty, shame on you, don't do it again. Get enough contempt incidents and it gets worse. Including make up time, fines, and the threat of jail time. (To be honest, I don't think I have ever heard anyone on here mention anything about someone actually getting jail time over it though - just the threat of it.)

But.....without a court order instructing the police what actions to take, they don't get involved much.


Senior Member
The judge isn’t going to rehear the case unless there is a substantial change in circumstances. What proof solid proof does he have? He said/she said, I heard/you heard isn’t going to work. The judge will just dismiss the case and possibly award her attornies fees. If your son was worried about the safety of the children, he should have never had stipulated. Stipulated means that he agreed and the judge signed it making it a court order. If there is a serious concern then perhaps child protection should be involved. However, this might mean he could walk into another nightmare & lose the child forever (as they get federal funding for adopting children out). He is going to have a serious fight on his hands.
He needs to file a motion to show cause (aka contempt). The forms can be found on line here: http://www.courtinfo.ca.gov/forms/ He should do a lot of research before filing. It also appears that they will be required to attend mediation before it goes before the judge.
He can ask for whatever remedy he wishes, from makeup parenting to jail time..But don’t expect the judge to much on the first trip before him/her (as others have already suggested). If it continues, on the third visitation denial/contempt, some judges might consider THAT parental interference and therefore a substantial enough change to affect custody.
He should see a lawyer, at least for a free/low cost consult.


Senior Member
Mg is right. If a judge has signed it then it IS a court order but again. Do not get your hopes up in the police getting involved. As Ambr stated they don't get involved in civil matters and that is what child visitation is.

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