Messages

Thanks for the advice. He does not have an attorney, so that is why we try to be very careful on the steps we are making. He is not sure if serving her viacertified mail counts as officially served, but he is going to do that.

We never thought about calling the Clerks office and asking wether or not a copy of the order was sent to her (so obvious). We just assumed that the the filing party was responsible of forwarding that information to BM.

We are in California by the way. You know our only concern is that even if BF files for another "motion to modify custody" it won't be enforced. So far this is his second "modified custody order" and the problem is that BM  could care less and does not follow the courts order.

The police got involve this last time and BF filed a police report to keep it documented the officer actually spoke to her on the phone and BM said that she was not able to take him to see him because she was waiting for a package and then she just never showed up. If its not one excuse its another. When he calls to speak to his son she always says NO!

The neutral drop off point is my BF's moms house.The Police report just states the officers conversation and the fact that she never showed up.

She took him out of pre-school just so that he would not be able to pick him up from school. I don't know how her older kids can be stable if she keeps moving from city to city, pulling her kids in and out of school.

Anyways, I appreciate your suggestions. Thanks for the SMOMS website.

My fiance has a 5 year old son with his ex-girlfriend. For the past two years he has had problems with seeing his son. My fiance went to court to get a visitation schedule, she did not show up to court and the judge gave him a schedule "an ORDER" that he is allowed to see his son every 1st 2nd and 3rd weekend of the month and every odd ending year's holidays as well as every fathers day.

For the past  month he has no idea where she lives, she changed her cell phone number and has not contacted him. The last time he spoke with her was about 2 weeks ago when he called the police because she refused to drop off their son for visitation. She has not had a stable home for the past 6 months she has jumped from her moms house to her dads house to her uncles house and she has 3 other kids that are not my fiances.

 He wants to file for contempt but the problem is that he never served her with a copy of the order that was given to him. What he recently did is filed a police report so that he has proof that she has not allowed him to see his son. We don't know where she is at and therefore we cannot serve her with the order and we just don't know what to do.