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Main Forums => Visitation Issues => Topic started by: momof2b2g on Apr 14, 2011, 06:51:36 AM

Title: denied visitation by mother
Post by: momof2b2g on Apr 14, 2011, 06:51:36 AM
My fiance has always been very good about doing whatever needs to be done for the kids. The court order states the mother to drop of children at the start of visitation and father to drop of at the end. Mondays from 5pm to 7:30pm and alternate Thursdays from 6pm to Friday 6pm and alternate thursdays from 6pm to Saturday 6pm. So he has them every weekend just depends if they stay just thursday night or thursday and friday night. 
Anyhow she has been working alot of hours so she asked if he could pick up the kids from daycare after he gets out of work. He said yes and has been picking them up for months now and then going to meet her halfway to drop them off a the end of visitation. He also meet her early on Saturdays when the kids have a b-day party that they want to go to or family event with the mother. He takes the kids to all of there practices and games for sporting events. He is very good about doing what is best for the children.
Well recently she started threatning to call the cops if he does not bring the kids to meet her at the end of visitaion as the court order states. So he brings them because he does not want his kids having to see the cops and the huge arguments. Last week he told her no more she needs to bring the kids here at the stated times and he will drop them off he can't have her calling the cops everytime she does not get her way. So now she has denied him his Monday visit stating she does not get out of work until 5:30pm and by the time she picks up the kids and brings them here there is no point in them even coming. And she told him through text that she is going to deny his visitation until she can get the court order changed to make him pick up the kids at the start of visitation and her at the end.
Can the custodial parent mother deny visitation to the father? Is there anything the father can do to get her in trouble for denying visitation? It just frusterates me so bad when she does this. His children are his world he would do anything for them and she knows that and uses them as a weapon.
Title: Re: denied visitation by mother
Post by: tigger on Apr 14, 2011, 07:38:16 AM
Is there anything the father can do to get her in trouble for denying visitation?
Technically, no.  Only her actions can get her in trouble.  His actions can hold her accountable for her actions.  He can file Contempt Motion and a Motion to Modify based on the change of circumstances (her work schedule).  Does he have anything in writing where she agreed to the the change of him picking them up from daycare and then meeting halfway for returns?  May not hold water if the cops were called but you may be able to use it in court as evidence that there was an agreement.  (My papers state that we can altar visitation if both parties agree . . . something like "Visitation may occur at other times and places as agreed by both parties." So that would cover you if it were in writing.)
Title: Re: denied visitation by mother
Post by: momof2b2g on Apr 14, 2011, 07:55:21 AM
No they do not have anything in writing it was just a verbal agreement. He does have a txt from her stating she is going to deny him visitation unless he does what she says.
Title: Re: denied visitation by mother
Post by: ocean on Apr 14, 2011, 02:31:24 PM
Go to your family court and file "contempt of court" papers. You will list the things she is not doing as court order.
"mother is refusing to bring children to fathers parenting time as stated in the court order dated XX. Mother refused visits on XX, XX so far and she sent messages to father stating she is not going to meet anymore".

It is usually free to file and you do not need a lawyer. She will then have to go in front of a judge and say why she is not following court order.

Now, she will say and probably prove her schedule has changed so ...what is the solution you are looking for since she can not leave work early?
Maybe ask that since mother's work schedule changed, father will pick up at daycare and then mother will pick up at end of parenting time.

File but then I would go and get kids for the next few weeks until court because she will be filling their heads that dad does not want you. He then can add a sentence "father is going to get children as this is the only way mother will allow visits to happen".
Title: Re: denied visitation by mother
Post by: MixedBag on Apr 14, 2011, 04:17:31 PM
Just wanna add that take a close look at how Tigger turned your words around -- which was the right thing to do.
Mom is behaving badly and it's THAT behavior that's gonna get her in trouble.
Dad needs to ask the court for assistance......and that's not "getting her in trouble" but sure seems like tattling, when tattling to the court is the only course of action he has.
Title: Re: denied visitation by mother
Post by: shooter on Apr 14, 2011, 08:18:46 PM
sounds like just a verbal agreement as was stated. how can the courts help?
Title: Re: denied visitation by mother
Post by: Disgustedstepmom on Jun 20, 2011, 12:53:51 PM
If the mother was unsatisfied with the agreement, instead of denying visitation, she should take it to the courts herself. Always looks better to file for a change rather than denying any visitation.