What Should You Do If The Other Parent Refuses Your Visitation?
Question: This is the weekend that I am scheduled to have visitation with my children. If the children's mother does not bring them, should I try to have her held in contempt of court? Should I file a police report, or what else can I do to help me with proof in court?
Answer: If the Mother does not comply with the visitation requirements set forth in your Order, then you can (and probably should) consider filing a contempt action to enforce the Order. If she is allowed to deny you visitation without penalty, it is very likely that she will continue to do so more frequently.
In order to maximize your chances of success in the contempt action, you need to have proof of her violations of the Order. To prove that she failed to bring the children, you can certainly get a police report, as that is often a very helpful document to have later. Another option is to have a witness present with you at the exchange time / location to verify that she did not have the children there for you.
Answer: If the Mother does not comply with the visitation requirements set forth in your Order, then you can (and probably should) consider filing a contempt action to enforce the Order. If she is allowed to deny you visitation without penalty, it is very likely that she will continue to do so more frequently.
In order to maximize your chances of success in the contempt action, you need to have proof of her violations of the Order. To prove that she failed to bring the children, you can certainly get a police report, as that is often a very helpful document to have later. Another option is to have a witness present with you at the exchange time / location to verify that she did not have the children there for you.
We have joint custody and the mother is the custodial parent. We did not specify visitation because we agreed I could see me daughter whenever I wanted to. She lives in South Carolina now, the divorce was in Georgia. I live in Vegas and she will not allow me to visit when I come to South Carolina.
What do I need to do to get the Judge to hear this matter?
We were divorced in Charlotte NC, and have subsequently had all of our visitation civil court proceedings there.
We have a very vague and outdated temporary visitation order stating I (Father) shall be entitled to regular alternating weekend visits, which shall begin at 5:00 pm on Friday, until 5:00pm on Sunday. There is absolutely no mention of holidays, or summer vacation time or winter and spring break time off from school. My ex tries to deny me visitation every holiday on this vague (really missing) technicality.
I am out of work, and must do all of this PRO SE, down here in Charleston County, as I can not afford a lawyer to assist.
Unfortunately, I have a very bitter and hateful ex wife who spends much time in the quest to derail my parenting time, and make arbitrary visitation adjustments on a whim (and usually at the last minute).
She has already been held guilty in contempt of court for doing this multiple times before in Mecklenburg County (Charlotte) NC, with a 30 day sentence in jail, which was suspended, unless she does this again (Which she has done now twice (Halloween and Christmas 2009)!
What specifically are the best steps to take here to # 1, have her jailed for 30 days, and # 2, to change the outdated and vague visitation schedule?
PLEASE HELP!!!