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My ex-husband has repeatedly violated the court-ordered visitation agreement and refused mediation, what next?

Asked over 2 years ago - San Jose, CA

There is a court-ordered visitation agreement as well as schedule, and my ex-husband has repeatedly and deliberately violated it. There are no repurcussions in the agreement if he messes up. He has full custody and I only have visitation. He has denied me my visitation rights and refuses to speak to me even regarding parenting issues. He won't even give me his cell phone number in case emergencies arise. I need to modify the agreement but he refuses mediation. Sometimes I see my daughter once per week, sometimes none since he is violating the orders. I would like also to change the costudy situation. Also, he has taken her out of the US without my knowledge. What to do next?

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Gina Nicole Policastri

Reputation Level 7

Answered over 2 years ago. Child Custody Lawyer in San Jose, CA.

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If the order is specific, you can enforce it by calling the police. However, it sounds like you still need to file a motion to modify visitation as you want to "change the custody situation" (which sounds like you want more time). In order to modify visitation, you need to show there has been a change of circumstances. Here, you might argue that the current order is not working and that you need a new schedule to ensure consisent visits. Assuming that you can show a change of circumstances (or he does not raise that issue), the filing of a motion to modify will automatically result in a referral to custody mediation.

Disclaimer: This response is based on the limited facts provided. You should consult an attorney for advice based on your specific situation. Responding to your question does not create an attorney-client relationship..

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