Mandating the deputies execute a visitation order

[concerned dadto2]

Soc,
Once before I was having an issue with visitation.  The deputy came, took a report, went to the house where child was at, but refused to make the parent turn over the child.  He stated the Order did not have something in it allowing him or directing him to do so.

I can not for the life of me recall the term he used.

Going to court next month and want to be sure to include this if it exists.

This is ni Georgia.

1.  Is there some clause or wording that is required to allow the deputy to require the parent comply w/ the order?

Thanks.

[socrateaser]

>1.  Is there some clause or wording that is required to allow
>the deputy to require the parent comply w/ the order?

Well, if you're in court and you want the judge to include an order instructing law enforcement officials to assist the parents in enforcing the custody orders, then that's what you ask for.

Technically, this is known as a "Writ of Assistance," however, the traditional means of obtaining one is to show that the other party is in contempt of a final order, and then have the court order that the clerk issue the writ.

This particular writ is strongly disfavored by courts, because it was used by the British prior and during the Revolutionary War to harrass the colonists by engaging in searches and seizures of private homes -- which finally resulted in the Fourth Amendment to the U.S. Constitution.

I'm only telling you the history, so that you will understand why a court might be reluctant to grant your request, in advance of a conviction for contempt.