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Are you in Violation of a court order when......

Asked Jul 18, 2012, 08:41 AM — 4 Answers
I was awarded supervised visitation of my children, according to the court order it is suppose to happen every Sunday at a certain location from 2pm til 4pm. This has been going on for four months now. On the order it states the person who is suppose to supervise the visits and who is not suppose to be there. My question is if the person that is suppose to supervise is not there and they decide to send some in there place is that a violation? If they are always 30 minutes late is that a violation? If they have to work on that day and they do not try to schedule another date or time is that a violation? If they bring someone that I am not suppose to have contact with to the visits is that a violation? If they change the visitation location and I have no choice but to meet them at that location because if not I wont be able to see my children is that a violation? And lastly what can be done?

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cdad's Avatar
cdad Posts: 10,968, Reputation: 6550
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#2

Jul 18, 2012, 02:06 PM
Have all of those things really happened or is it speculation? If your under court order to stay away from someone then they shouldnt be bringing them along. If they are late and do not extend your time with the child/children then you need to go back to court for enforcement. Many of the reasons you have stated are grounds for contempt.

So bottom line it for us. What is really going on.
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taffy0420's Avatar
taffy0420 Posts: 3, Reputation: 1
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#3

Jul 18, 2012, 02:21 PM
Quote:
Originally Posted by califdadof3 View Post
Have all of those things really happened or is it speculation? If your under court order to stay away from someone then they shouldnt be bringing them along. If they are late and do not extend your time with the child/children then you need to go back to court for enforcement. Many of the reasons you have stated are grounds for contempt.

So bottom line it for us. What is really going on.
Everything in the post has and is going on. I filed a motion to amend and we went to court today ( they postponed it til the 24th of August). She tried to say the reason that she wasn't bringing my children to the visits is because either she was sick or had to work. After talking to the children I found out that all of that was a lie. I just wanted to know was there anything else that I can do. And if you can change court order visits because you are the supervisor and you choose to because it fits your schedule and you are the one that sat up the visitations the way they are stated in the court order. Also is there anything else I can do I have the text messages where she cancelled the visits 30minutes before they were suppose to happen. When it rains, its too hot outside, or too cold because she wants to meet at a park my visits do not happen.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,650, Reputation: 37036
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#4

Jul 18, 2012, 02:41 PM


Yes all of those are violations, "in general"

sending someone else, could be seen as trying to work things out in schedule. And since youH agreed to new location, that could be said to be in agreement. Had you merely demanded the place listed and went there, and they did not show up, that would have been a more serious locaton. Bringing someone that is not suppose to be brought is a serous issue
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taffy0420's Avatar
taffy0420 Posts: 3, Reputation: 1
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#5

Jul 19, 2012, 01:16 PM
Quote:
Originally Posted by Fr_Chuck View Post
Yes all of those are violations, "in general"

sending someone else, could be seen as trying to work things out in schedule. And since youH agreed to new location, that could be said to be in agreement. Had you merely demanded the place listed and went there, and they did not show up, that would have been a more serious locaton. Bringing someone that is not suppose to be brought is a serous issue

Thank you very much for the advice and just to let you know I have demanded she be at the location and I have done that and she did not show up. I went only to the location where she stated because my children had called me and one of them had been abused (which by the way I did report to CPS). I just want to know if do not show up for a visit and you say it i because you are sick or you have to work and say you are going to make it up and you do not. Can you be found guilty of disobeying the order? These are the excuses I am getting from her. I think I am going to hire a lawyer because she has a court appointed lawyer for the contempt part and I want to make sure she is found guilty.
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