[miles2go]

Does anyone know if the police will assist with retrieving children for a court ordered visitation if the other party refuses to allow children to go? North Carolina area.

[smoothy]

I'd contact my lawyer immediately to have the court enforce the order, and every time they refuse to honor the order. They put their own custody of them in jeopardy by disobeying a direct court order.

[talaniman]

Maybe not for a specific incident, but you certainly should get a verification of any violation of a court order, for proof to be submitted to the court. Depends on the cops and where you are. Some will only make an incident report that you can get a copy of.

[ScottGem]

It really depends on the local police department. Generally in large depts, they probably won't. But a small town dept may. Of a local precient may decide to do so.

But the surest way is to go back to the court that issued the visitation order and ask them to issue something to enforce the visitation order, probably a contempt citation.

[J_9]

You can call your local dispatch center and ask.

[AK lawyer]

In general, no. Police are to enforce the criminal law and comply with specific orders of court (writs) directing them to do certain things. Thus, if the judge were to order them to take the children from one of the parents and deliver them to the other, then they would act. But, on the other hand, they would refuse to interfere in "a civil matter", such as a divorce, if it's just a decree (not ordering the police to do anything) giving one party or the other certain visitation rights.

[ScottGem]

One other point to make here. A visitation order generally directs the custodial parent to make the child available at the scheduled times. It does not mean the child has to be physically forced to go with the non custodial parent. So if it is the child refusing to go, there might not be much that can be done.

[AK lawyer]

... So if it is the child refusing to go, there might not be much that can be done.

True, but that isn't the issue here. OP wrote "... the other party refuses to allow children to go ...".

[ScottGem]

True, but that isn't the issue here. OP wrote "... the other party refuses to allow children to go ...".

The OP wrote "IF the other party....". So we don 't know exactly what the situation is.

[miles2go]

We are actually in the middle of a custody battle, where we have joint custody (both physical and legal) but my ex has in the past withheld the children from me during my court ordered time, and is currently stating that this weekend she will not be meeting me or letting me pick up my children. She has also refused to allow me to talk to them on the phone, although I have texted her every night this week asking to talk to them. This happens whenever something happens that she doesn't like. For example, she wanted to switch a weekend with me so she would have them on Memorial Day weekend. My wife and I already made plans to take the children to my aunt's house a couple hours away for the weekend, so I told her no. Now she is calling me selfish (among other things) because I won't give up my plans for her.
She also signed up our oldest for a traveling sports team, against my wishes, when I specifically requested that our oldest be put into a sports activity closer to both of us so that I could attend her practices and games (she chose instead to put her in a traveling teams that practices an hour away from both of us). Because of her going against my wishes, I have not been able to make it to the majority of her practices or games (the games are 2+ hours away from me). I advised her prior to all of this that if she chose to go against my wishes in signing her up for this distance team, that I would not be forfeiting my weekends so she would not attend when I had her. This is why she is withholding them from me this weekend. She also withheld them from me on the second weekend last month, even though she wasn't even home with them, she was working.

[ScottGem]

We are actually in the middle of a custody battle,

When is your next court hearing? You need to be keeping a log of all of this. Whenever she violates the standing court order, Note it in the log. Attach any proof you have, e-mails, text messages etc. Check local laws on audio recording. Many states have 1 person consent laws where, as long as one party to a phone call is aware of and consents to recording, its legal. Include such recordings. Even if you have to inform your ex that you are recording the conversations, do so. If you have an attorney consult with them about this.

At your next hearing, present the evidence to the judge that she is arbitrarily violating the court ordered visitation. Ask that she be cited for contempt of court and that the court issue an order that can be given to the local police to enforce the visitation.

You can still go to your local precinct with a copy of the visitation order and explain the situation and ask if they will send an officer with you to pick up the children. But they may refuse to get involved.

[AK lawyer]

Yes, I thought that's what you indicated in your first post, but apparently others didn't read it the same way for some reason.

Sorry, it's a familiar story for any attorney who has practiced even a minimal amount of family law. :(

The problem is that the children can be pressured to mirror the attitudes of the recalcitrant parent. I hope this doesn't happen in OP's case.

[cdad]

A few links with some interestng reading on them from different perspectives on this very subject.

Enforcing Visitation Rights - Article - POLICE Magazine

Enforcement of Child Custody Agreements

Custodial Interference, Parental Alienation, and Enforcement of Child Custody Orders | Mr Custody Coach

[ScottGem]

Interesting links. But they support (especially the first one) what I suggested you do.