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Author Topic: Mom's denial of contact to dad  (Read 7303 times)

andydandy

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Re: Mom's denial of contact to dad
« Reply #20 on: Jul 28, 2009, 10:09:59 PM »

Given the criteria you just expoused then patrol officers should hear all contempt motions and we could have fewer judges and more police officers.

I think you've confused hearing a motion and enforcing an order already made by the court.  You don't have officers hearing motions in court anymore than you have judges out of the street enforcing the law.

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I wish it were that simple but here in the real world I've seen literally 1000's of posters on this site and 1000's of fathers I was associated with over a long period of time being denied court ordered access to their children and the the children to their fathers.



Hi, I have a question for both of you if you don't mind (snowrose and davy, but anyone else as well). What if you do have an order, and already have two incidents of interstate custodial interference (2 attorneys in 2 states don't seem to know of anyone actually being prosecuted for this sadly)? I have an upcoming visit, and Mom has already threatened to ignore unless I jump through some special hoops. Apparently, I'm the only one who has to actually adhere to the court order, and then some. I'm fairly certain that this sort of thing would land me an Amber alert--so, I'm just curious what my options are, or if I really am at her mercy. That's sort of how it sounds when you read a lot of these posts.


Davy mentioned taking a copy of the statute--PKPA, interference codes of the state? or is there something else that I haven't been aquainted with? I'm having to go back to interstate, so I'd like to make sure that when I get there--I actually get to pick up my child for my scheduled (court ordered) time.

I've already had 3 attorney, in 3 states--and so far, things have only worked when Mom wanted to reconcile personally.

I've also asked 4 PD's in 3 states--and only one even hinted they would do anything; and then they said if Mom didn't comply I could file a report.

Any advice?


snowrose

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Re: Mom's denial of contact to dad
« Reply #21 on: Jul 29, 2009, 02:47:00 AM »
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What if you do have an order, and already have two incidents of interstate custodial interference (2 attorneys in 2 states don't seem to know of anyone actually being prosecuted for this sadly)? I have an upcoming visit, and Mom has already threatened to ignore unless I jump through some special hoops.


There's never any guarantee on something like this.  All you can do is try things and see what happens.  I know that's not very comforting when your travelling interstate but it's the reality of the situation.  Each precinct, each individual officer is changable and you can never tell what will happen.

I know of a couple of people who've gone through this.  They've brought the custody orders with them and gone to the local police department and asked for an escort to pick up the children.  I do know of a case that happened just last week where this has worked and the children left with the visiting parent.   

In other cases the only thing that happened were that reports were filed and brought to the attention of a judge when a contempt motion was filed.  That doesn't necessarily mean much, though.  Just like with the police, how a judge will react to a contempt filing depends on the judge and the day.  I know of judges who have done nothing but threaten (the same as doing nothing).  I know of two judges in just the last few weeks who've thrown the BM in jail!   And then one lady just posted here the other day that the judge made both parents post a bond and an offending parent would lose a portion of the bond if they failed to allow visitation.  Unfortunately that strategy didn't seem to be working - at least not at the moment.

HTH

 

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