One parent had sole physical/legal custody of child. The other has supervised visits due to outstanding issues. The visits have been moved to a public setting with a family member overseeing. In order for this to transpire parents must communicate through family wizard. Parent whom supervised visits are to occur has not signed up. Tries to communicate through familu member. Does visitation have to be honored? Child is not keen on this setting as it is. Other parent who has custody has met the demands of order.
A motion for contempt should be filed.
This is not intended as legal advice and does not create an attorney-client relationship.
Show a copy of the order to the family member and tell them that wizard must be used. Once the parents have agreed on a schedule then give the family member the schedule. If the first visit arranged by family member is convenient, go, but be clear it is one time. Not worth going to war, a complaint for contempt will take months, and both parents should see the child.
This is not legal advice until I am retained and have reviewed all facts about your situation.
Before filing a complaint for contempt, it would be advisable for you to send the other parent an email, text or letter (keeping a copy) and advise him that you have complied with the Order, how you did it, and what he needs to do to sign up. Tell him again why its in the children's best interest for him to sign up, and tell him that unless he does it within fifteen days, you will be filing a complaint for contempt and seek fees for your attorney's fees and costs. By sending him this communication it helps solidify your case should he not comply, and prevents him from arguing that he didn't know how to do it.
I am a Massachusetts attorney and answer questions solely based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice. I would strongly recommend that you schedule a meeting with an experienced attorney who can review your facts in detail, ask additional questions and provide you with advice.
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