My ex filed a false Relief from Abuse order that was eventually denied. During that time, she also file a No-trespass. Since then, the courts have granted custodial parenting to me. My question revolves around a concern of very poor and unhealthy living conditions while the children are with my ex. I only want the ability to see inside their place at least once a month. My understanding is that I must get DCF involved . Can you please advise?
The person in lawful possession of premises has a right to exclude others from the premises pursuant to the notice against trespass statute in Title 13, at section 3705 (see link below). A person who has been served with a notice against trespass must not set foot on the premises described in the notice, and is subject to arrest if he or she does so.
You cannot personally enter the premises as outlined in Attorney Maxwell's response. However, you can initiate a DCF or Family Court proceeding if you feel that your child is at risk of being harmed or neglected while at your ex's residence. You need to have substantial proof to reach this threshold, but if you commence an action you may be able to get DCF to investigate and go into the home to see if in fact the home is unsuitable for your child.
Unless your ex consents to your going into her place the only alternatives you may have are a wellness check or an investigation by DCF.
Having said that. You can petition the family court as part of the parent child contact process if it is still ongoing, to require yourself or better an independent person to inspect the home for safety. You will need real evidence that there might be a problem not just a concern or feeling. If you already have an order in place the situation must be something new or not anticipated for you to get any change in the original order One thing that I can counsel you on and that is if this is just payback for the "false rfa" you could end up in a far worse situation than you have now. This is why we lawyers always suggest you at least talk to one of us early so you will be able to recognize these kinds of problems
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