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Joined: Nov 2004
Posts: 107
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Joined: Nov 2004
Posts: 107 |
Anyone have experience with taking spouse back to family court. My W is giving me problems with visitation, etc. and she is violating alot of what we agreed upon. I want to go without my atty and he gave me his blessing but says very little can actually be enforced. In other words, you keep going back, but the other party can still play games.
Last night, W refused visitation and I had to get a police report. Any thoughts? Thanks.
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Joined: May 2001
Posts: 1,091
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Joined: May 2001
Posts: 1,091 |
Now...I haven't had first hand experience with this.....but in the state that I live in.....I'm not sure if it applies to ALL states or not.....but if I were to refuse my H his visitation rights (if were seperated or D'd)and he had proof then he could take me back to court and quit paying child support or demand that the visitation rights be established by a court appointed monitor. Making sure that visitation as scheduled was conducted via a phone call or the monitor being present during pick up and drop off times.
Again.....never had experience with this.....but did discuss it with attorney several years ago.
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Joined: Sep 2002
Posts: 627
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Joined: Sep 2002
Posts: 627 |
If you can provide evidence that she is not living up to the agreed upon stipulations and this document is considered legal and binding then your wife may be in contempt of court.
The courts don’t care about those folks who are in contempt of marriage, LOL but if you are in contempt of court they’ll throw the book at you! LOL
caoch
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Joined: Jan 2003
Posts: 88
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Joined: Jan 2003
Posts: 88 |
If what you "agreed upon" is not documented in a parenting plan that was submitted to the court, there is nothing you can do other than try and get the plan changed. However, most judges are loath to make changes unless there is very strong evidence that the "best interests of the children" are being harmed. Any agreements outside of a legal document are not enforceable.
Otherwise, your WW is in contempt of parenting plan and you have legal recourse. In many states, interference with visitation is a serious offense.
Best of luck.
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Joined: Nov 2004
Posts: 107
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Joined: Nov 2004
Posts: 107 |
Thanks for the replies. A little background: We just got back from court and everything is documented. Because we have a young baby and a child with autism, the conditions are unbelievable.
Part of the problem is my W placed these restrictions to discourage me from even bothering. Now she has to deliver 2 of the kids at one time, bring me the other one an hour later, take the baby back with her, then pick up the other 2 in another hour. Twice a week, plus one day on the weekend. In the dead of winter. She will do this for the next 2 years!!!
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Joined: Jan 2003
Posts: 88
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Joined: Jan 2003
Posts: 88 |
HL,
well, your WW made this mess so she gets to deal with it. And deal with it she must or you can hit her with contempt of plan. Sounds like she got slapped by the court. Good.
My XWW did the same thing: made it complicated and is now living with the consequences. No sympathy from me. She's an idiot.
Having infants or very young children, especially one with special needs does make things very complex. But you will manage.
As always, keep your cool, keep a good lawyer and keep on being a great dad.
Take care.
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