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cat73 · Jun 16, 2010, 10:05 AM

Im my divorce I was granted sole custody and my ex was given supervised visitation of our child due to his violence and alcoholism.

My child is scheduled to see my ex for a summer visit and my ex has stated that he plans on taking him out of state unsupervised.

Is there any recourse for this? Do I have to wait for my ex to violate the order and if so, what happens? I fear for my child's safety. These provisions were put in place for many reasons and Im feeling very uncomfortable.

ScottGem · Jun 16, 2010, 10:17 AM

Who is to do the supervising? That person should be informed that he is not be with the child without supervision. If the supervisor assists him in violating the court order they can be held responsible.

cat73 · Jun 16, 2010, 10:38 AM

Thank you for your response. My ex mother in law is listed as the supervisor. She will not travel with my ex to where he wants to take my child. (her ex husbands home) She was informed last November that she was listed as the supervisor of visits as she had no knowledge of this. We discussed this in detail and I had explained how important this was to my child's well being and safety.

We had a very close relationship, but she has not spoken to me since that conversation as she is very upset about it.

When my child returned from his last visit in December, he refused to speak about his trip and said it was "private" I have a sneaking suspicion he was unsupervised then and was threatened not to tell. Before that last visit,my ex wanted to take him out of state again and I told him under no circumstance was I going to allow the order to be broken. I had no problem with my child seeing his grandfather, and said if he wanted to visit with him at my mother in laws home, that was fine.

Now we are back to square one. My ex is making the same request, and I have given him the same answer... not to break the order.

So, if they do follow through.. what happens? I really don't have the funds to hire another attorney, but I NEED to ensure my child's safety.

This is maddening!

AK lawyer · Jun 16, 2010, 11:22 AM

If your mother-in-law refuses to supervise as is required, ask the court to appoint another supervisor. Is there anybody else who would perform this role? If not, ask the court to suspend supervised visitation until your ex can come up with a practical supervision plan.

Fr_Chuck · Jun 16, 2010, 11:34 AM

If there is no one to supervise you do not have to let kids go.
He has to supply a supervisor, that is court approved

barrer8 · Jun 27, 2010, 05:41 PM

I myself was in a similar situation. My child's father is an alcoholic and drug user. Before my supervised visitations took place. Through my child's way of speaking, and actions... I realized that he had been exposed to drug users! I then reported it to the abuse hotline.. then filed for supervised visitation. In the meantime I did not let my child go with his father. Regardless of what any court order said. I was looking out for the safety of my child, and I, as his mother didn't feel it was safe for our child to be alone with this father. NOW... my advice to you it... don't send him... on account that your son told you it was "private"... that is mental abuse if you ask me. And the reason I say that is because you both are supossed to b on the same page. Yes I know it doesn't always work out that way. But as a parent, I think it is wrong to keep teach these children to secrets from the other parent. I would report it, and then take him to court. On account that your son is being manipulated!