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Author Topic: Police Won't Enforce-Judge Won't Allow More Specific Schedule  (Read 6285 times)

catherine

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RE: describe "enforce"
« Reply #30 on: May 01, 2007, 09:52:43 AM »
Custodial StepMom here that has dealt with similiar issues in the past when BioMom was custodian.  

How exactly do you wish the police would "enforce" visitation?  Physically enter the house and remove the children?   Arrest the BioMom?

I would just request that they write a police report documenting that she is refusing visitation.  If that is what you mean by enforce and they won't do that, then start videotaping your pick up and drop offs.  If she denies a few times, then you have ammunition to go back to court with on a visitation interference charge.


backwardsbike

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RE: describe
« Reply #31 on: May 11, 2007, 07:17:57 PM »
I guess I'm one of the lucky ones.  On one occassion my X brought our children, then 15 and 13 to the exchange.  My 15 year old came to my car window and said in a very stilted voice, "I am refusing to come to your house to have this visit."  I said, get in the care and we'll talk about it at home.  I was parked in front of his father's vehicle.  Son walked back over and got in dad's vehicle.

I walked over to dad's vehicle to see if he would tell me about his refusal.  He is not a cooperatve man and likes to spring "surprises" like this on me.  When i approached his car hsi wife started yelling at me and sticking her head out the window on the driver's side- she was seated on the passenger's side!  She was laying across X to jab her finger into my face.  Ihad told both of them that the very next time she approached me in a threatening manner I would call the police as this is just her style but not what I have to put up with under the law ( why should I have to endure behavior that a stranger could file charges on her for just because she married the father of my children?)

She refused my request to sit down and allow my X and I to speak so I did call the police and asked for a keep the peace assist.

I left the site with my son in my custody and SM didn't come to exchanges again for six months and she has never approached me in a threatening manner again.

Davy

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RE: describe
« Reply #32 on: May 11, 2007, 09:27:13 PM »

>How exactly do you wish the police would "enforce" visitation?

>Physically enter the house and remove the children?

>Arrest the BioMom?

Yes and Yes.  I believe the poster is making reference to the CRIMINAL statues concerning custodial interference.  These statues (as I remember) resulted from studies/evaluations conducted by the federal Office of Juvenile Justice funded, at least in part, by the ABA.  These statues are defined by state and documented in the article section on this site.

The continued unwillingness of courts to enforce their own orders on civil contempt for denying children access to a parent gave rise to criminal statues.  


Samson2005

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notice to appear
« Reply #33 on: May 11, 2007, 10:11:20 PM »
Sec. 10-5.5.  Unlawful visitation interference.

(b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference.
    (c) A person committing unlawful visitation interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor.
    (d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.
    (e) The notice shall:
        (1) be in writing;
        (2) state the name of the person and his address, if
        
known;
        (3) set forth the nature of the offense;
        (4) be signed by the officer issuing the notice; and
        (5) request the person to appear before a court at a certain time and place.
    (f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.

 

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