we have a court ordered document and the other parent doesn't follow it. I have numerous police incident reports, and need help.
If the other parent is refusing to follow the courts orders, especially related to the timeshare and allowing you to see the children, you should file a motion to modify the orders. You should also file a motion for sanctions under Family Code Section 271, as their behavior does not promote settlement. Further, as a last resort you could file a motion for contempt. The court has the ability to change custody to the the parent that is "most likely to share". The sooner you act, the sooner you can begin seeing your child. You need to make sure to attach copies of the police reports. I would subpoena them directly to the court, so the court will have them as a business record, (an exception to the hearsay rule.)
Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and to review the exact documentation to be sure of the above advice. The answer above does not create an attorney/client relationship and does not require me to answer any future questions.
you should file for a modification of custody and visitation which will get you a court hearing and mediation date. you should include all your police reports as well as declarations from any witnesses and/or subpoena them to court for your hearing to strengthen your position. yous should consult with a family law attorney immediately.
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