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Family law

Carson, CA |

My ex missed our court order visit to bring our child to my visit this past weekend and I need to know what I can do? He said he forgot it was my was my day to visit and she was away at a friends. I told him to get her so I could have my visit. Was I obligated to wait an hour for him to bring her to our exchange location. Can I file an Ex-parte regarding this? Is a police report needed? Does the Judge take these violations serious?

Attorney Answers 3

  1. Ex parte is for exigent circumstances only. Your remedies for the violation include filing a contempt, or more appropriately, seeking relief through a regularly noticed Request for Order. However, I would suggest you memorialize what happened in an email so that if you go to court you have evidence of your attempt to resolve it and his response. It may be better for you to do some advanced contact work prior to the next visit to confirm time of arrival and the visitation. If the visitation is interrupted or thwarted again, you may want to consider filing a request with the court and seeking remedies due to the interruption with the Court Ordered visitation.

    The information and material are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.

  2. 1. There's no basis for an ex parte; there's no emergency.
    2. A judge is UNlikely to get too upset about a single violation (because it's possible that he actually forgot); if there's a repeat, a judge is more likely to get upset about it.
    3. Make sure that your ex has a copy of the court's WRITTEN ORDER, so that he won't "forget" in the future.

  3. Take affirmative steps, such as sending him an email to remind him about when and where the exchange will take place, Text messages are also good, if your can print them. If you speak by phone, follow up with an email or text to memorialize the conversations, Keep a diary and a calendar. I wouldn't go to court with one missed visit, but I would go if a pattern develops. And, if it does, you will be armed with evidence.

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