SPARC Forums

Main Forums => Visitation Issues => Topic started by: ses on Feb 09, 2006, 04:46:10 PM

Title: Right of First Refusal
Post by: ses on Feb 09, 2006, 04:46:10 PM
My son has Right of First Refusal and his CP refuses to go by the CO.  He has her on tape refusing to abide.  He doesn't have alot of money and needs some advice on what to to.  He went to court just this Nov. and the judge awarded him this, and she has already left the child 7 times with her parents and refuses to let him have her.  The CO order states that if she is going to be away over night she is to give the him the opportunity to keep her and she won't.  Help!
Title: RE: Right of First Refusal
Post by: 4honor on Feb 10, 2006, 12:12:18 AM
You have to be able to prove beyond a reasonable doubt -as contempt is a criminal offense -- that BM knew the order, was able to comply with the order and failed to comply with the order.

Also, the tape must have been lawfully made -- is taping in your state if only one person knows you are taping? -- in order for it to possibly be admissible in court.

The other possibility is if the grandparents will testify for the father. However, if they do, then they are almost guaranteed to be cut off from their grandchildren by BM... So i highly doubt this will happen.

First right of Refusal is almost impossible to enforce.

How do I know these things? I heard Socrateaser once tell them to someone else.