I got divorced about 2 years ago. My wife got custody of the kids and I got visitation. Visitation went well for about the 1st year. After that, she started coming up with excuses to cancel my visitation (kids were sick, busy, didn't want to come, sick pets, etc.) It got to be so bad that I eventually stopped trying. I went months without seeing them. I recently started trying to exercise my visitation rights, but she refuses to allow it, saying she "has concerns." At one point, she agreed to visitation and we met in a public place. She showed up without the kids and had a list of concerns that we went over. She said that our daughter also has some questions/concerns and that she won't allow me to see the kids until I either meet with her, the kids and a therapist (which I would need to pay for) to go over my daughter's questions or I can meet with just her and the kids at the park. For the last 5 weeks, I have emailed, letting her know that Wed. is my visitation day and that I will be at our meeting place to pick up the kids. She hasn't shown up at all. She responded a couple of times, saying again, that until I agree to meet with her, I can't see the kids.
It sounds like you need to file a Motion for Order to Show Cause immediately with the Court. If she is failing to follow the orders of the court (for parent time) you have the right to enforce those orders.
There are forms on the Utah Court Website to fill out yourself, but I would suggest speaking to an attorney before you file, as some Decrees require an attempt at mediation prior to filing, and sometimes filing the Motion will cause her to file a Counter Motion declaring all of your violations of the Decree.
You have a right to your parent time pursuant to the Decree. She cannot unilaterally change that.
Best of luck to you.
Wow that must be super frustrating. I can't imagine. I agree with Michelle, you will need to file a motion for an order to show cause. This means that that she will have to give the judge good cause why she shouldn't be held in contempt for violating the divorce decree (not allowing you parent time). Unfortunately these hearings take some time, and probably won't be set for another month or so. I recommend getting this done quickly, so as to not delay to enforce your rights. You have the right to see your kids or take them as long as you do not do so by force by breaching the peace. I hope you can get it resolved soon.
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I agree with both of the previous answers. However, I do think it is important to take into consideration that it has been some time since you have seen your children. You may need to gradually restart the parent time. It might not be a bad idea to do some family counseling in order to make the transition easier for yourself the kids and their mom. Fighting things out in court doesn't always get the best outcomes for the kids. Maybe a one-on-one meeting with you and your daughter so that you can address any concerns that she has would be a way to start(depending on her age). Once you restart normal parent time it may be a good idea to pick them up after school to start your time so that the kids don't have to transition from mom. I agree you are entitled to the time free from mom's restrictions, however, remember these kids are little people and not just possessions that you are transferring back-and-forth. Good luck!
Court orders usually are what will govern cases. If she's not following it, an Order to Show Cause is the proper recourse.
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