After filing twice in Family Court and additional details added to each order regarding visitation, I'm finally filing an Enforcement Petition.
Our current order allows for a one month summer visit; however, this year, she refused to bring the girls stating the oldest refused to get in the car. There was no agreement made that the girls did not have to come to visit, she simply said she would not be at the meeting point and did not bring them.
I'm now filing a Petition for Enforcement with the hope that she will be severely sanctioned (i.e. jailed, fined, etc.) or that the court will see the pattern of willful disobedience and possibly decide to award me custody or additional visitation (they live in NC).
Anyone have any experience with this type of thing? What's the likely outcome?
It depends upon the judge. Some judges will entertain the most ridiculous excuses for non-compliance and give endless "chances" to comply and other judges will be harsh. Among other things, the court will consider the age of the children, the length of time the current visitation arrangement has been in place, and the history of the case. There's no way to guess the "likely outcome" based upon the brief information provided above; however, it is very unlikely that there will be any "severe sanction" at this time. You may want to engage a local attorney to advocate for a change in custody and if so, this instance could provide a foundation for bringing such a petition before the court. Good luck!
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It's difficult to give you any sort of prediction as there are a lot of factors that go into answering this type of question. The most important one, and not necessarily in this order, are: 1) The particular predilection of the Judge hearing the Petition; 2) The age of the children (and reasons they won't go); and 3) the history of the case. You should consider consulting with and retaining a local family law practitioner. Good luck.
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Each case is unique and it is impossible to predict what the outcome will be. Depending on the girls ages the judge may entertain the refusal of the eldest. However that does note an she is excused for bringing any of them. I would recommend hiring an attorney to represent you
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I see a jurisdictional issue. Where was the original order? Also, how long has the child lived out of state? Further, have you relocated from New york?
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