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    foxxxy's Avatar
    foxxxy Posts: 14, Reputation: 1
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    #1

    Jan 27, 2009, 04:55 PM
    How do you enforce a visitation order?
    After reading all of your answers from my previous question, I have another one for you guys!

    As I stated before in my prior question, the grandparents have guardianship of my husband's daughter.

    We want to enforce the visitation schedule from my husband's divorce. (divorce was ordered after the original guardianship was awarded)

    To enforce the visitation schedule, do we have to file in court or is it possible to involve the police when the visitation schedule is violated?

    Thanks
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jan 27, 2009, 05:05 PM

    The police can be involved only so long as people agree. You may need to file a motion to hold the offending party in contempt of court. See: contempt of court - definition of contempt of court by the Free Online Dictionary, Thesaurus and Encyclopedia. and Contempt of Court
    foxxxy's Avatar
    foxxxy Posts: 14, Reputation: 1
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    #3

    Jan 27, 2009, 05:41 PM
    Quote Originally Posted by George_1950 View Post
    The police can be involved only so long as people agree. You may need to file a motion to hold the offending party in contempt of court. See: contempt of court - definition of contempt of court by the Free Online Dictionary, Thesaurus and Encyclopedia. and Contempt of Court
    What do you mean by agree? If there wasn't a problem with agreeing then we wouldn't need to enforce anything in the first place.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Jan 27, 2009, 08:49 PM
    Quote Originally Posted by foxxxy View Post
    What do you mean by agree? If there wasn't a problem with agreeing then we wouldn't need to enforce anything in the first place.
    In my area, the sheriff's office will assist in the enforcement of a court order, when a party has been ordered to comply. But, the 'law' is, more or less, advisory until the judge has found the offending party in willful contempt; at that point the offending party is ordered into custody and the sheriff will assist him/her to jail. One must have filed a motion to hold the offending party in willful contempt, and the judge must take evidence, make findings of fact and conclusions of law.
    123qwe's Avatar
    123qwe Posts: 13, Reputation: 1
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    #5

    Jan 29, 2009, 05:52 AM

    A police officer can enforce a court order as long as you are physically in their jurisdiction. For example: If the court order was signed in one county and you have to go to a different county to pick up the child, the officer can not enforce the order, but if it is in the same county the order was signed, they have a duty to uphold that order. Even if they are physically located out of the court's jurisdiction, they still have to follow the court order or face contempt charges. It is a good idea to have an officer there if there is any type of dispute. Often an officer's presence will scare a person into doing what they know they should be doing. This will also serve as definitive proof of contempt should they continue to deny you your court ordered rights.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Jan 29, 2009, 06:18 AM
    Hello f:

    I have found the local sheriff very happy to enforce court orders... I suppose that it depends on the local sheriff, though.

    Of course, it's their JOB, but you might have to look for 'em at the local doughnut shoppe.

    excon
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