With holding visitations

[calitogeorgia]

Hello All it is I calitogeorgia again, this one is the one with the Ex-wife issue with the new fiance....

A different question to ask at this point. Can the ex wife with hold visitation from the father if she is doing it because she does not want the new fiance around the child?
As I said before there is no judgement signed by the judge on custody or support. The court has not seen either side of this issue he has only acknowledged the divorce.
The ex wife is now stating to the father that if the new fiance is to come to town and stay at the his home the father will not be allowed to have the child and that the ex will tell the child that "daddy refused to pick you up because he dont want to see you".
The new fiance is going to be in town and te father was told to go and pick up the child anyways and that way the child can see what mom is doing if she does with hold the child from going.
Would it be wrong if the new fiance was to go with the father to pick up the child?

 

[justalayman]

Can the ex wife with hold visitation from the father if she is doing it because she does not want the new fiance around the child?

Not without some serious and true justification. Just because the ex wife doesn't like the new GF is not good enough.

The ex wife is now stating to the father that if the new fiance is to come to town and stay at the his home the father will not be allowed to have the child and that the ex will tell the child that "daddy refused to pick you up because he dont want to see you".

Nice use of the childen as pawns. The problem is there is no court order to hold up and say she is in violation of. What are you going to do and who is going to enforce anything without such order?
edit here: after reading ceara's post that follows it appears there may be, or is a court order. If it is being violated, file for contempt charges with the courts.

The new fiance is going to be in town and the father was told to go and pick up the child anyways and that way the child can see what mom is doing if she does with hold the child from going.

Who told the father to go pick up the children anyway? The new GF. If so she needs to back on out of this and not escalate an already bad situation.

Would it be wrong if the new fiance was to go with the father to pick up the child?[/

Wrong; it depends on how you look at it. If you want to intentionally cause problems, drag her along. If you already know this is going to cause a problem, why do it. This would show the father to be no better than the mom in wanting a confrontation.

 

[ceara19]

In your last post, you said that there WAS a written visitation schedule, but it was just attached to the divorce. If that is the case, then YES, there is a court order for CS & visitation. As long as the judge signed the divorce papers, it is a valid order. Visitation, custody and child support are often covered in the divorce. There is no need to get a separate order from the divorce.

 

[haiku]

Hello All it is I calitogeorgia again, this one is the one with the Ex-wife issue with the new fiance....

A different question to ask at this point. Can the ex wife with hold visitation from the father if she is doing it because she does not want the new fiance around the child?
As I said before there is no judgement signed by the judge on custody or support. The court has not seen either side of this issue he has only acknowledged the divorce.

*****If there is no visitation order she is not violating anything. the father would have to go to court to get visitation rights.*****


The ex wife is now stating to the father that if the new fiance is to come to town and stay at the his home the father will not be allowed to have the child and that the ex will tell the child that "daddy refused to pick you up because he dont want to see you".

***Again unless stipulated in the order-and if there is to BE one, i would not agree to that stipulation being in it-she cannot withhold visitation for that reason. But she CAN if there is NO order...****

The new fiance is going to be in town and te father was told to go and pick up the child anyways and that way the child can see what mom is doing if she does with hold the child from going.

****Ummm no....the CHILD does not need to see any animosity between his parents that is completely unfair and wrong. Dad needs to handle this through the court system and keep the child unaware.*****

Would it be wrong if the new fiance was to go with the father to pick up the child?
****I am all for people being able to move on and live thier lives, BUT, all in due time, during the intitial "getting to know you" period, when you know there is "ill will" the best bet for a person NOT party to the situation is to lay low. Save it for a day in the future when there is a court order and the dust has settled. The fiance could jeoprodize the access to the child ****PERMANENTLY.

***********

 

[stealth2]

It would help if you would clarify whether there is, in fact, a specific visitation order.

In the meantime, it certainly seems foolish for g/f to push herself into a situation that she knows is likely to cause unpleasantness - especially in front of the kid. Let things settle down, and leave it to Dad to deal with. He's a big boy.

 

[Anisah_H]

If there is a doubt about a court order, then he needs to get one. You don't need an attorney. You can go down to the courthouse and fill out a paper asking for a court hearing. Then there will be no doubt, and if she withholds the children, he can bring the order and call the police and it will be enforced.

 

[Halls]

If there is no court order for visitation and child support the father needs to get one because visitation can be enforced only with a court order. Without one mom can do whatever she pleases and get away with it.