visitation enforcement

[daddyrich71]

My son's mother has custody, I have a visitation order. When I go to pick up my son I have trouble getting him. If I take the police with me to enforce the order but the mom refuses, can and will she be taken to jail.

[ocean]

What does she do at pick-up? You can do a couple of things...tell her the next pick-up you will be video taping the pick-up, then have someone come with you and document it ...might make her re-think her actions.  You can try to see if the police in your area will get involved. Tell there may be a problem and you would like assistance picking up your child.  They will not throw her in jail though. If she does not allow child to come or child is not there than the police can write something that you were there and child was not. How old is child? Does the child want to come? You could go back to court and ask for a meeting place (at school or at the police station instead if it gets ugly.) Hope this helps a little!

[MYSONSDAD]

You could ask for a "civil standby", making the effort to keep the peace. But more then likely, they will tell you its a civil matter and call your attorney. If she is not there with the child, go to the States attorneys office and file Visitation Interference. Check your State Staues or do a search here at Sparc. They have the codes, state by state.

No one wants to be bothered by this. Seems like the only important issue is making sure the State gets their CS.

Call your attorney and get it modified to have an enforcement clause added, then the police have to do something. I also think child concealment should get you somewhere, but again, check your statues.

Keep good documentation, videotape, get gas receipts showing you were there. Phone records. Bring a witness who will document and testify.

Good luck, after 2 1/2 years, I am still in a battle over this...The judge just sits on it, go figure.

[MixedBag]

Police can't help many times but they can provide their services as a civil standby.

Police enforce criminal laws, not civil laws. And orders from family court are civil laws.

HOWEVER, they may be more willing to assist if you have a specific order that states exactly when you are supposed to have your child (and I mean REAL specific).

There is a document on this site that gives the criminal codes for custodial interference.  Again, most police officers (and sheriffs and state patrol), use these codes when someone other than a child's parent is involved (like when a child is taken away by a stranger).

The main tool you have is the court system.  If the custodial parent doesn't let the non-custodial parent have their rightful time with the child, you gotta get back in front of a judge and complain.  Court is no fun -- but if your rights as a parent are violated, so are the child's rights to be with you......

Good luck