Supervised Visitation

[reellis527]

In the early part of 2006, ncp was issued supervised visitation, to take place at a center every Sat. from 11-1.  He hasn't shown up at the center since May 2006, I continued to come through July and talked to the director of the center and he told me that the attendance was being reported to the courts (I don't believe that though).  I am ready to take him back to court on the grounds that he hasn't followed the order and I am hoping to terminate all contact, he obviously doesn't have a interest anyway.

1) on my paperwork what should I ask the courts to grant?

2) is it likely for a court to terminate all contact?

3) if i take him back to court on grounds of not showing do you think they'll issue something basically saying show up?

4) should i leave it be for however long?

[janM]

A right is something that you can exercise, or not. No one can make him do it.

I would file for a modification, stating that it is costing you time and money to take the kids to the center every week and not have him show up. I would ask the court to release you from the obligation of having them there, and ask that the center notify you if he ever does show up so you can take them. They can testify in court to his no-shows.

I don't see the court taking away his contact. As far as exactly what to file, I would ask a local attorney (if you don't already have one).

[mistoffolees]

>A right is something that you can exercise, or not. No one
>can make him do it.
>
>I would file for a modification, stating that it is costing
>you time and money to take the kids to the center every week
>and not have him show up. I would ask the court to release you
>from the obligation of having them there, and ask that the
>center notify you if he ever does show up so you can take
>them. They can testify in court to his no-shows.
>
>I don't see the court taking away his contact. As far as
>exactly what to file, I would ask a local attorney (if you
>don't already have one).

Good advice, but I think I would modify it - so it doesn't look like you're trying to keep the kids from him.

I would ask that you be required to take the kids to the center ONLY IF he notifies you 24 hours in advance that he will be there. No notification, you don't go. If he notifies you more than 3 times in one quarter and then doesn't show up (or something like that), then he loses his rights entirely.

The justification I would provide to the court is that while you still think it's better if the kids see their father whenever he is willing to see them, but it's clearly very, very harmful for them to be brought to the center thinking they'll see their father - only to have him not show up.