Earlier this month we went to court and the judge made temporary orders doing slow visits with my husbands two daughters. We have seen them the last two weekends. Before the his ex had kept the girls from him for 2 years. We have done everything right, however this morning she went to the police and filed a report for violating a court order. I am not sure of all the details (lies) she has told yet but all the judge wrote were the times and dates of the visits. We have followed them to a T. We never recieved a copy of the temporary orders from her attorney so I am not sure how we could have possibly violated the court order. however, She has repeatedly stated that even thought she wants him to keep paying child support she does not want him around his daughters. What can we do from here?
You must get a copy of the Temporary Order that the Trial Court signed. The Court expects these orders to be followed specifically. You should examine the order to ensure it is exactly what the court ruled. It is possible that the orders were drafted differently than the court ordered. If so you may violate the order without knowing.
The normal procedure for a violation of a court order is to file a new pleading with the court alleging the specific dates and the manner you’re your husband violated the order. Make an open record request for a copy of the police report so you can prepare your defense.
Ultimately you should consult with an attorney immediately.
1 lawyer agrees
Lawsuit / Dispute Attorney
You need to get a lawyer involved. You need to get a copy of the temporary court orders and take them to a lawyer with your tale. She will continue to bully you if you don't fight back.
I am not intending this to be legal advice, because I don't know the particulars of your situation. Call me if you would like to discuss this or other isues.
8 lawyers agree
Family Law Attorney
This person is doing nothing but being harassing. The police will not get involved as this is a civil matter. You can get a copy of the Temporary order from the district clerk. Don't rely on her attorney for anything. That lawyer has no duty to you.
6 lawyers agree
Personal Injury Lawyer
Paying child support and having periods of visitation are mutually exclusive in Texas - meaning that one is not dependent on the other. Even if a party is not paying support, that does not entitle the other party to withhold access to the children. It sounds like you are dealing with someone who sees he children as a paycheck. As callous as that sounds, it happens all to often in family law cases.
The previous attorney is correct, law enforcement will not get involved with a civil court order. They may make a report, but there's no prosecution that could result. The only remedy for the other party would be to bring an enforcement action for contempt. But they would have to file new pleadings to move forward with that.
I would advise you to hire an experienced family law attorney to ensure that your rights are protected. I hope this response was helpful.
1 found this helpful
2 lawyers agree
Child Custody Lawyer
Hire a great attorney and go on the offensive. I would file a motion to enforce custody and visitation. You wil need a copy of the orders which you can get directly from the court if they have been filed. If she is filing false police reports, you can sue her for defamation. This scenario is quite common. It can be resolved but you essentially have to put her in her place legally. It starts with aggressive representation.