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NO VISITATION

Started by TTOPETE, Sep 03, 2004, 12:35:53 AM

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TTOPETE

A COUPLE OF WEEKS AGO I SPAnked my kids, this is very rare. i have a 8,10 yr old.we are not together. she just started seeing somebody else and is using this incident to keep me away. i have no issues with this , i just want to see my boys.she called cps and told me that i could not seed them till further notice. cps did not confirm. i do have a current order with set visitations. how do i enforce this? any advise would be helpfull.

mmrscupcakes

As i see it, if you have a court order, there is nothing she can do to stop you.  Call her and tell her when you will be there to pick up the children.  If she refuses you the children, call the police station and ask for help in getting the kids.  The police must enforce the court order.

TTOPETE

this is not a priority for cops. they refer to it as" keeping the peace" they will respond to the call at there convenience if at all. is this the only way?

MYSONSDAD

She can not deny you visitation!

Go everytime it is your parenting time. If she does not comply, go directly to the local Police Department and get nothing less then an incident report. Do this everytime. If they give you problems, ask to talk with the on duty supervisor. If that does not work, call the local sheriff. BRING A COPY OF THE CO. You need documentation of the refusals. If possible, bring a witness. Check your State statues on the taping laws for your State. Bring a recorder, camcorder and camera. I keep a disposible in my car at all times.

File contempt everytime you are refused. Ask for make up time and court expenses. When you get to court, have the judge put a 'Enforcement Sanction' into the CO. This will force the Police to comply, like it or not, they have to enforce court orders.

DOCUMENT EVERYTHING!

Do not let her get away with this crap. She is cheating you out of your time and she is cheating your sons of having time with their father.

I would also check to see if she called CPS. I would bet my A$$, she did not. If she did not call, she is feeding you a line of crap.

Have you had problems in the past? What State are you in? Lots of people here who have gone thru this. They will also have more suggestions.

This morning, I too, will be denied my time and again, be visiting the local Police. They know me by my first name.

DO IT EVERYTIME!!!

"Children learn what they live"

hagatha


First thing you need to do is contact CPS. If she did actually call, chances are they have told her to withold visits until the case has been investigated. When you call CPS you must ask if there is a current investigation pending. You should also wite a letter (RRR) asking for any information on any cases regarding the children they are presently investigating or have already investigated. If she did call, they will go talk to her and the kids first, then they have 30 days to begin the actual investigation and contact you. During that time she can withold visits without being in contempt.

However, that does not mean you can't file contempt charges. If she is denying your parenting time, file the motion for contempt. She will probably not get in trouble with the court, but you can ask the court to order therapy for the kids at the hearing. Chances are your kids went home and told her you beat them. They need to understand their part in this. I would bet they are playing both of you against each other. They know the annimosity exists and will use it to their advantage.

The Witch
Remember . . . KARMA is a Wonderful Thing!!!!!

onedaddy

What is this "Enforcement Sanction" you refer to?

TTOPETE

thanks for the feedback... so far karma has been looking out. can someone update me on laws regarding spanking a child?

TTOPETE

live in ca. regarding problems in the past, yes, she has done this before its her way of telling me that she is seeing somebody and doesnt want me comming around. cps was called. they left a message to contact them.

Stepmom0418

I found this link......

http://www.familyrightsassociation.com/info/spanking_laws.htm

Try it and see if it helps to answer your questions.


Question

1 did you spank your children with your hand or other?

2 did you leave marks on them?


I ask these questions because that is what CPS will be looking at I am sure.

Have you contacted CPS? If not i would suggest contacting them soon or they may ASSUME you are guilty because you have failed to get back to them or they may feel you are AVOIDING them.

Good Luck to you and your children!!

MYSONSDAD

It is a sanction that can be added to the Co and it forces the Police to act on further problems of denied visitation. The Police department would need to uphold the CO.

A lot depends on the officers. Some are willing to get involved and others will resist.

They are supposed to keep the peace. I would think they would automaticcally have to abide by a court order. If I was harassing her, you can bet, I'd be in jail with an RO against me.