[success13]

My son has legal guardianship weekend custody and is named on both the children's birth certificates.he is not married to their mother.she has not let him see the children in 3 weeks after finding out he is in new relationship.he has new court date for September and she said he is not seeing the children until then. Can she do that

[JudyKayTee]

Without seeing the Court papers, I don't know. He has guardianship and/or visitation? If they live with their mother he does not have guardianship.

Where is this?

He can always go back to Court on an emergency basis and request that she be held in contempt, that visitation be enforced.

[ScottGem]

If there is a court order that states he has the children on the weekend or even alternate weekends, then she can't do it legally. But he can't go and just get the children.

What he should do is try for an emergency hearing to enforce the visitation order. If she still refuses, then the judge will cite her for contempt of court.

[success13]

We live in ireland. He got the children every weekend and joint legal guardianship in February through the courts in February. Now she is breaking court order and September is nearest court date and she won't let him see the children until then that's why I was wondering can she do that

[ScottGem]

I can suggest two things. First, is to see if he can get an emergency hearing on the contempt of court. He doesn't need a full hearing just that she has refused to hand over the children at his appointed time.

The other thing is to go to pick up the children at the appointed time, but to bring a police officer with him. Pre arrange this by going to the police and showing his court order. Tell them that she has refused to let him have the children and ask that they have an officer accompany him to enforce the court order.

Let us know how it goes.