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Author Topic: DVI- Ex refuses to follow court order for drop off because she is afraid  (Read 3137 times)

johndoe808

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The ex was granted a Domestic Violence Injunction against me in the state of FL however there was no Domestic Violence as the states atty decided not to press charges.  The court order under the DVI says that she is to bring the children to the Grandparents house Twice a week for visitations as well as every other Friday for weekend visitations.

We were doing this fine until I moved and the ex recommended that we exchange at my new residence since I was no longer living with my parents.  She tried to have me violated on the DVI exchanging at my new residence, then we moved it to a public location, well she did not want to do that anymore so she demanded that I pick the children up at the marital home.  Well when I did that resulted in the ex trying to have me technically violated on the DVI. 

Where we stand now for the past 3 months is that she refuses to bring them to the grandparents home where I am now living because she "fears her safety and the safety of the children"  therefore the ex will only bring them to a local police station.  I refuse to go to the police station for several reasons however she has them brought to the police station for exchanges and says I am refusing to see them because I don't come to get them.  I have documented proof that the ex does not always bring them to exchanges.  We will be going before the Judge again soon so that they can hear here emergency motion for relocation of exchanges to the police station and the judge will hear my contempt charge. 

Any advice?  Any ideas as to how the judge will see things for a ruling?  The last thing I want is to have to go to a police station every time so my children will associate me with the police all the time.  The children are ages 4 and 2.
 


tigger

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What are your "several reasons" for not wanting to go to the police station? 
Probably shouldn't have changed the location of the switch off place without the knowledge/consent of the court.  Of if you did, you should have asked the police to meet you there for your protection.
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johndoe808

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Among reasons not wanting to exchange at a police station is that it is not stated in the DVI paperwork for exchanges.  That last thing I need is a technical violation when the DVI is almost expired and who wants their children to always associate their father with the police.  My son already tells me that mommy says bad things about me.  Ya I know now that I should have never agreed to exchange at my new location of residence.  However nothing ever happened at my parents house to ever give reason for not exchanging their and certainly nothing ever happened to cause the ex to fear for her safety anywhere. 

So, now do you think the judge will enforce the court order for exchanges?  Grant the ex the location for exchanges at a police station?  Will I get make up time for these 3 mo I have missed with them?  Will she likely be in contempt of court for not following the order?

ocean

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I would make the court order the police station. The parking lots are usually video taped or you can have an officer looking outside while exchange happens. If children are old enough to walk to car, have court order state, mother will drop off at xx police station at xx day , xx times. Mother will stay in car while children walk to dad's car. No verbal communication will take place at exchange. Parents will communicate by xx (text, email only).

If children go to school/daycare in Sept. Ask exchange to be done at end of school so mom is not involved at all at exchange. If it is at school, has to be very strong wording. Not every other friday...now do they know it is your weekend....so .... father will have custody of children at dismissal of school (so follows them to different buildings) on the first , third and fifth Friday. He will return children to school Monday morning.

Tell your children that police officers are very nice and want to make sure they are safe. You can maybe take them in one day to meet them and make it a great experience.

Good luck!

 

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