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Author Topic: When does a child not have to go  (Read 1579 times)

Bradley

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When does a child not have to go
« on: Mar 13, 2006, 04:13:01 PM »
Asking for a friend..
teenage son does not want to go with father for visitation in texas, he is 15 does he have the right to say no when his father comes to the door? Will this be contempt of court. Website referral or texas code reference helpful. Thanks


ocean

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RE: When does a child not have to go
« Reply #1 on: Mar 13, 2006, 06:04:05 PM »
Yes, the it is contempt of court but why is the child not going? Does he just want to miss this one time? This age gets very tough. Father should try to work around son's school/work/social schedule. Maybe dad could take him for breakfast instead and let him have the rest of the day? He is starting to become an adult and visitation changes around this age. If it goes to court, the child's wishes will be put into play. Good luck!

4honor

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Contempt requires
« Reply #2 on: Mar 14, 2006, 10:41:29 AM »
Contempt requires:
1) Knowledge of a legal court order
2) the ability to comply

So, if there is a specific time the child/teen is supposed to be going with the father (i.e., 1st and 3rd weekends of each month from 6 PM Friday to 5:59PM Sunday) and the wording is based on a court order, then, yes it could be contempt if the mother does not do everything in her power to push said teen into going.

(Now if Mom pushes and teen still does not go, cause she can't phycially force the child in Dad's car and threats of groundings or other punishments does nothing, then she has done all she can. BUT keep in mind that even if child verbally refuses to go, she must have child ready to go at the appointed time and place and it is up to Dad to pick up child and carry him/her to the car if necessary -- will Dad do so? probably not.)

If the order is vague, then there can be no contempt because there is more than one way to interpret it. (i.e., the words "reasonable visitation every other weekend" -- logically, which weekend is "other"?)

If it were ever to go to court, it is likely that Mom would not be held in contempt, but the child may be ordered into counseling to deal with WHY they do no wish to visit.

Weigh this carefully.
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

MixedBag

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those 3 elements...
« Reply #3 on: Mar 14, 2006, 02:31:35 PM »
1. Valid and enforceable court order exists.
2. Defendant knows or should reasonably know of the existence/terms and conditions of the order.
3. Defendat willfully and with conscious disregard, disobeys the court order.


Clipped, copied, and pasted from Soc's board by searching on "elements of contempt".....

Usually there's a problem with #2 because the order isn't clear, like 4H said....

Good luck to the original poster -- when they get older, it gets harder because they do have other interests and many CP's don't believe in the fact that the NCP should still be on the top of the child's list.

Bradley

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RE: Contempt requires
« Reply #4 on: Mar 21, 2006, 12:55:20 PM »
THis is in texas and the child is 15 and the mother has done everything she can do, but is not taking dicipline action for the child not wanting to go. THe child all but hates his father, he is an alcoholic and yells at him all the time. THe papers clearly state 1st 3rd and 5th 6 friday to 6 sunday black and white.


 

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