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ljkarp · Feb 16, 2010, 10:19 PM

My fiancé received an ex parte from his ex wife trying to take all visitation. We recently had to call the police on her for violating his visitation order. She refused to let him see his son for over a month. After we filed the report, she left these papers in our mailbox. We responded within 24 hours like we were told. The response from the judge was supposed to be within 24 hours of the response. Looking online, there's no record of her filing any papers and now she's refusing to give us copies of the judges new orders. Now all of a sudden she's letting my fiancé see his son, under her conditions. Can we press charges for the false papers she served us? What should be our next step?

ScottGem · Feb 16, 2010, 10:43 PM

You don't call the police if she violates visitation. You file a petition with Family Court to find her in contempt of the court ordered visitation.

As for service, you got the summons. You acknowledge receipt, nothing more to do.

ljkarp · Feb 17, 2010, 06:51 AM

We did file a petition, but they denied it because we didn't have a police report. If you don't call the police, there's no record and it's just hear say.
Thanks for responding!

JudyKayTee · Feb 17, 2010, 09:03 AM

What State? In NY the Police do not care about these situations (unfortunately) and will not take a report.

ScottGem · Feb 17, 2010, 09:33 AM

Yep, in most places I know of the police won't get involved in domestic issues like this.

ljkarp · Feb 17, 2010, 02:03 PM

Ugh, that sucks. I'm in California. I just think it's horrible that someone is able to legally use our judicial system to manipulate people.

JudyKayTee · Feb 17, 2010, 02:27 PM

I don't understand how the judicial system is being used to manipulate you - ?

cdad · Feb 17, 2010, 02:36 PM

In California the police will get involved. When a parent refuses legal visitation its no longer a domestic issue but kidnapping. It crosses the line since there is a custody order signed by a judge and the parent who has time with the child is the legaal and responsible parent of the moment. Also when called they will do a well check when needed.

As far as this case is concerned. It doesn't make sense. First off the exparte motion is to bring it to the courts attention and then a hearing has to be made in order to straighten out the facts in a reasonable amount of time. Never is it a 2 day affair and a judge making snap decisions. The motion should have been filed and acted upon, then a response is required. And papers showing the initial order should have been served properly to the opposing party so they may formulate a defense. This all sounds like game playing at its maximum level and harmful to the child in the long run.

cdad · Feb 17, 2010, 02:37 PM

Originally Posted by ljkarp

Ugh, that sucks. I'm in California. I just think it's horrible that someone is able to legally use our judical system to manipulate people.

It happens all the time. That's why the courts are still trying to figure out what to do. Too much rubber stamping going on and facts not being exchanged.