i have physical custody of my son and he gets visits with him, im working at a new place where my hours extend to after his drop off time, he took me to court to request i be there always for pick ups and drop off and not with my son (20), daughter (17), or my sister (32) that live with me. the judge granted that he drops off to my father (which lives with me aswell) in the case that im working. I recently told him my schedule and that he would need to drop off with my dad and he refused he said he would wait till i got home to drop of my son. i reminded him of the court order and he said he didnt care he would not drop off our son if i wasnt home. today during pick up he said he needs a letter from my job so he can take to court to verify that im working there.
I don't think that a restraining order is what you were looking for. A restraining order would require that your ex-husband stay a certain distance away from you or any other protected person, such as your children.
In your case, you are asking the court to enforce the current order and require your ex-husband to drop off your son with your father. You could go back to court and ask the judge to enforce the order, or to modify the schedule.
No, no restraining order. Your problem is enforcement.
All of Ms. Straus’ responses are intended as useful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. They may not be what you wished to hear, they do not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. She also regrets that blunt responses may be taken as "rude" by those who wished a different opinion. Good luck.
Assuming that your court case is in the State of California, in which city and county is your current court case currently housed in?
So you and the opposing party have only one minor child as a result of the relationship, correct? What is the age of that minor child?
In my professional opinion, if the opposing party (i.e., the other parent) is willfully disregarding the current court order (in which the court order is valid, clear, and specific, and he has knowledge of that court order), then the opposing party may be in contempt of the current court order.
At minimum, the opposing party is not complying with the court order, and, at minimum, you need the court to enforce the current court order.
As a result, to answer your question, based upon the description or explanation you provided, in my professional opinion, the filing of a Domestic Violence Restraining Order (DVRO) would not be suitable in this situation.
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