My husband filed for divorce 3 years ago and we only determined custody. I have primary physical and legal custody, he has minimal weekend visits. The kids have refused to go on several occasions, he calls the police and they are not forced to go. I have never prevented visits and always send the kids out to his car.Their ages are 5, 7, 10 and 11. Now, the kids will tell their father they don't want to go, he says "OK" and leaves. Will the police reports help his case and how long does he have to serve me papers? He just filed two days ago. Reasons for them not going range from "I'm scared" to I want to "play with friends." My 5 year old has little attachment to her father and only wants to go swim or go to the beach. On previous occasions he has forcibly put the kids in his car.
It sounds like your ex-husband filed a Request for Order for modification of custody and visitation. He has to serve you with your paperwork sixteen court days before the hearing at which time you have nine days before the court hearing to file and serve your opposition paperwork. You will be required to attend mediation. My suggestion: you two seem to have a lot of coparenting issues. This is a good time to work this out.
First of all, I agree with Ms. Johns about the filing and service deadlines. As far as your specific situation is concerned, that's difficult. I would assume (perhaps incorrectly) that your husband's recent filing requests more time with the children; but he isn't exercising all the time he is entitled to now. Perhaps that's his fault, perhaps not.
When children refuse to visit it is often the case that the custodial parent is accused of "parental alienation." In your response to your husband's moving papers, you need to carefully let the court know that you have not engaged in this behavior. The proper preparation of your responsive papers, including your declaration, is crucial in order to get a satisfactory outcome.
Again, I am only speculating as to the nature of your husband's request for orders. If I can be of assistance, please let me know; I handle matters in the Victorville court and other courts in San Bernardino County. Good Luck!
The answer to your question is not intended to provide you with legal advice you should rely on, only a general indication of what the law might provide. You have provided only a limited description of your situation and I may be unaware of important facts that could affect your case. My answering your question does not create an attorney-client relationship between us.
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