WithNo permissions, father took child out of state willfully interfering with mother's visits. What consequences are available?

Asked about 1 year ago - Portland, OR

Parents have 50/50 legal and physical custody. Mother stated child was not to be gone on her awarded time. Father willfully disregarded the court order, leaving state for 2 separate blocks of mothers time. What is the best way to handle this? Father was convicted of Assault against mother as well as other convictions due to abuse of mother, and now seeks to control in any means possible. Numerous CPS involvement with, all fathers alleged allegations against mother "Unfounded" every time. Recently CPS unfounded allegations again which resulted in modification filings father asked for mother to not have visitation with child due to the allegations with CPS mother responded with 50/50 physical but her full legal, father seeks council which mother cannot afford.

Attorney answers (2)

  1. Mindy S Stannard

    Pro

    Contributor Level 8

    3

    Lawyers agree

    Answered . It sounds like this is a complicated case. If a modificiation proceeding was not pending, then I would advise the mother file a Motion for Enforcement of Parenting Time. However, it sounds like there are several serious issues going on in this case, and it sounds like a modification proceeding is already pending. It is extremely important in a case like this to consult with an experienced family law attorney. It would be extremely unwise to try to proceed without an attorney in a case like this. If Mother does not think she can afford a family law attorney, she should consider contacting the Oregon State bar and requesting a consultation with an attorney in the Modest Means Program. Attorneys in the Modest Means Program have agreed to represent individuals at a reduced rate.

  2. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . It sounds like the mother needs to file a motion to enforce the parenting time judgment. Most likely, this will also result in a new custody order. Joint legal custody lasts only as long as both parents agree to it, and it seems pretty clear that any agreement is breaking down. Honestly, with facts as you describe, I can't imagine how the parents agreed to joint custody in the first place.

    You should consult in private with an attorney, if you're going through custody litigation. You can read more about these laws here: http://www.northwestlawoffice.com/custody.html

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more

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