Not letting me see my boys...

[cdcoffell]

I notified my ex last week that I would be enforcing my visitation with my boys ?(I haev standard EOW visitation) and she idd not show (we meet at a public place). I have not seen my kids in 4 months due to personal reasons, but now she is not returning any of my calls or letters. I sent an officer over to check on the children, becuase I was worried that maybe she was keepibng them from me due to bruises or something, and when the officer called me back, he told me since I haven't seen my kids in X amount of months, I need to get an updated court order for visitation. I don't think I should have to and just want to see my kids, I make my support payment (close to $300) every week on time. What should I do?  

[patton]

First off she is in violation of the court order, BUT you have to prove she is in violation.

If you are meeting at a public place, you need a witness (non relative) to be able to testify she did not show.  Also a receipt from the place you are meeting with the date and time would not hurt.

The reason being she can always said she showed and you didn't. So since you will be filing the CONTEMPT you will have to have SOLID proof.

They will believe her if it comes to she said, he said.

Have you sent her the INTENT to VISIT LETTER?
http://www.deltabravo.net/custody/intent.htm

Be sure to send this letter certified return receipt.  If she does not accept it then you will get it back ( NO NOT OPEN IT)  Leave the letter sealed for the court.

I don't know what your personal reasons are, but the Judge will possibly modify your visitation because you haven't seen these children in four months.  So whatever the reason the Judge will probably look at this.  Did you at least call the children during that time?

Copies of phone bills....or cell phone bills showing you kept in contact or tried to keep in contact

Child support and visitation are two separate issues, so if you go to court remember that.

[cdcoffell]

I have not seen my children due to the fact she does not return my phone calls and my letters. I have a sworn statement for every time I have been at the place where we are supposed to meet). We have a parenting mediator session this friday and i will be taking my evidence with me.

[wendl]

Take that to mediation and also file contempt.

Even if you know she will not show to meeting place bring a 3rd party a friend with you and show up, get something to eat when you get there to show what time you arrived and another receipt for what time you left.

File contempt on her everytime she fails to show and request that your time be made up.

[patton]

Expect her to LIE, she will.  Any and I mean any and every piece of evidence you have is good.  I have not known too many people that mediation worked for.  As far as I can tell it's a waste of time. My opinion of course.

The problem I see with mediation is you are showing the other side your evidence.  If  they don't demand to see it don't show it.   If they take your word for it, then that's even better.

Never tip your hand if you don't have to.

Other's may have different opinions on mediation, and it possibly varies state by state.  I'm in Texas and no one I've ever spoken to here has had a sucessful mediation.  Always ends up in court.

Good luck to you.