Disobeying visitation court orders

Asked over 4 years ago - San Diego, CA

1. What does one do if other party has contuously made visitation with child not happen. 4X in 3 weeks. I brought it up in court but it seemed the judge didn't really care. Are the police supposed to get involved for official record purposes. I would think me just saying that the other party didn't show up isn't enough.

Attorney answers (4)

  1. Steven Alan Fink

    Contributor Level 20

    Answered . The court will consider it if you bring an OSC re Contempt against the other party.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

  2. Zephyr Savoy Hill

    Contributor Level 14

    Answered . You need to make sure you keep a log of all the visitations and any trouble the mother causes. Then you need to regularly look over your notes and discuss them with a family law attorney in your area to decide if it is worth going back to court. You have options, but you do not want to waste time and money. You can consider contempt actions, modification of custody, or something else.

    Good luck!

    If you are in San Diego County call 1-800 DIVORCE

  3. Parastoo Kalor

    Contributor Level 14

    Answered . Based on my experience, you would have a hard time if not impossible winning a contempt hearing against a parent who refuses to see his or her child on the court ordered scheduled days. So, you would be wasting your time an money. Your best course of action would be, as some of my colleagues have suggested, to keep a log of the percentage of the time you have the child and move for an order to change visitation and child support.

  4. Santo V. Artusa Jr.

    Contributor Level 9

    Answered . If you have court ordered visitation, it may be beneficial for you to go to your local precinct and ask them the protocol. Having a record of this may help you in the future. Keeping a journal religiously of when vistations are scheduled and what occurs each time, may be helpful to you in court should the need arise.

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