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visitation CA

Started by fairness, Jul 07, 2005, 05:03:30 PM

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fairness

Divorced in CA 6 years ago.Two children now ages 14 and 8. Ex claimed he worked as a volunteer. The ex assaulted me a number of times and we settled on my moving with the children to live with my Mom and finding a new job. He does see the children regularly but is irrational. Last six visits he changes the times I am to pick up the children when I am curbside at the end of his visits at the last minute and has me drive all over the state to get them back ( even though order says transfers are curbside at 5:00). He finds joy in having me take off work to drive to last minute locations and then sometimes wait a day for him to turn the children over. ( drive is 4 hours and no flights available direct)

I want to get our visitation agreement clarified to stop the stress.  The county he lives in is backwards /crime ridden and the police refuse to involve themselves in transfer issues or things such as him driving under the influence with the children in the car. My county is more active in enforcing orders and the police come in minutes- whole different tenor.

I was told I have to file any modification request in his ( my old) county.

1.Under what circumstances would a judge allow change of venue of county in CA?

2.Are there any CA cases that cite the children as having a right to own activities?

He refuses to take them or attend any school - sports - religious.... he believes his visitation time is when they must do what he wants.

Thank you very much for your kind assistance.


socrateaser

>1.Under what circumstances would a judge allow change of venue
>of county in CA?

If the children reside primarily in your county, then you probably could obtain a change of venue, on grounds that the bulk of the evidence concerning the child's welfare is located in the new county. If not, then you're probably wasting your time, asking for a change in venue.

>2.Are there any CA cases that cite the children as having a
>right to own activities?

If the children are involved in an activity that conflicts with visitation, then presumably visitation takes precedence. However, a judge would probably want to know the nature of the activities and whether it was in the best interests of the children to be involved, and if so, the court would order the visiting parent to take them to these activities during his custodial time. This would be excellent grounds for filing a motion to clarify parenting time.

fairness

thank you very much
 The children reside with me in my county which is different than the county were everything was originally filed

daughter was not allowed to perform in National Championships ( that is super hard to even qualify for)  last year as ex showed his order to he coach and told coach his visitiation comes first. Children spent same weekend at his sister's while she babysat.