What do I do if my ex-wife wont let me see my son on my court ordered weekends? 20 Answers as of May 18, 2011

My ex-wife and I went to court to get our divorce finalized. In the court agreement it states as far as our 7 year old son is concerned. He lives with his mother and I get every other weekend. What do I do if she is not letting me see my son? When it is court ordered that I get him on my weekends?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
First, document it. Go try to see the kids, the fact she tells you she will not let you is not enough. She has to actually deny you the visitation - not open the door, refuse to let the kids go, etc. Second, get a witness to this fact. I suggest you get your custody papers, take them with you (make a copy as well) and write down the name of the local sheriff. Go get the kids, do not disturb the peace in the process. If she says no, refuses, etc. then call the sheriff and ask for help, show him your papers. At the very least, get a report record of the events. Third, assuming number 2 did not resolve well, file a Motion for Contempt and Enforcement with the court and drag her before the Judge to explain why she is ignoring the Court Orders.
Answer Applies to: Texas
Replied: 5/18/2011
Howard W. Collins, Attorney at Law
Howard W. Collins, Attorney at Law | Howard W. Collins
You have two remedies for a denial of parenting time. File a motion for enforcement of parenting time, which is user friendly and has an expedited status on the calendar in order to lead to a fast resolution. You can file these in whichever court has jurisdiction over your case. The other remedy is a contempt action, which you can also do your self, but is trickier. I would recommend the enforcement of parenting time motion.
Answer Applies to: Oregon
Replied: 5/16/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If your ex-wife is interfering with your visitation rights, you could file an Order to Show Cause for Contempt against her, and/or you could file an Order to Show Cause to modify child custody to award custody of your son to you based on your ex-wife's interference with your visitation rights. You would best retain an experienced Family Law Attorney to represent you.
Answer Applies to: California
Replied: 5/13/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
You need to remind her of the court order and if she still does not comply, you need to hire an attorney to petition the court on your behalf - she could be held in contempt of court for disobeying a court order.
Answer Applies to: Illinois
Replied: 5/13/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
Try to enforce the order. Ask a sheriff to help you get your visitation. If that does not work, than you need to file a motion (Order to Show Cause) with the court holding her in contempt or make modifications to the orders.
Answer Applies to: California
Replied: 5/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If you already have a court order and she is violating it, then you must go back to Family or Supreme Court and ask for Custody to be taken away from her for violating the Court Order. The Court may grant such a request or she will finally come around and give you the weekends you deserve. Of course, it may also force her to bring a Support Petition if you haven't been supporting the child because she's been keeping him from you. You may also wish to call an attorney to assist you and try to negotiate a settlement ahead of going to court. Good luck.
    Answer Applies to: New York
    Replied: 5/13/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your case. Your options may include filing a Motion for Contempt.
    Answer Applies to: Washington
    Replied: 5/13/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to file a motion to enforce the parenting time rights and possibly have your ex-wife held in contempt of court for disobeying the court's order. Only the Court can enforce its orders.
    Answer Applies to: Colorado
    Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    File a motion for contempt. Communicate in writing or email, so you can prove your case. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Unfortunately, this kind of nonsense happens far too often. I have a plan that I use when this kind of thing happens, and I would be happy to go fight for you.

    Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/13/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    Document the refusal on a calendar. Call the FOC to see if they will help. File a motion in your court file requesting that she be held in contempt of court.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts any agreement made in a divorce whether it's the temporary orders or the final agreement is binding from the time it is made part if an order. If you have a binding agreement, and age is not following the agreement, you may be able to file a complaint for contempt to enforce the agreement, and get makeup visitation.
    Answer Applies to: Massachusetts
    Replied: 5/13/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Call the police in the city where mother lives when you go to pick up your son at the start of your court-ordered custodial time. Inform mother beforehand that you are going to do this, and see if she cooperates. If she still refuses to cooperate, tell the police that mother will not allow the court ordered visitation despite your civil requests. The police should show up at the court-ordered start time and instruct mother to not thwart visitation. If she still doesn't cooperate (which is doubtful), ask the police to draft a report of the incident. Also, document each prior time mother has refused visitation, and then file custody enforcement and modification motion with the court. If mother has thwarted numerous visits in the past, which you can document, then you may also get an award of attorney's fees for having to go back to court to seek enforcement. It would be advisable to consult with a local family law lawyer on this matter to guide you through the court process if that becomes necessary due to mother's continued recalcitrance. Good luck!
    Answer Applies to: California
    Replied: 5/12/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    In Washington you would need to bring a motion to have the mother held in contempt of the parenting plan. If it is ordered in your parenting plan, you might need to attempt dispute resolution on the issue before filing a motion.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    In Washington State, your remedy is to file a motion for contempt if she is not following the parenting plan.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    File a contempt motion in the case.
    Answer Applies to: Connecticut
    Replied: 5/12/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Call the police to enforce the order. If she continues to not comply, file a motion with the court for a contempt.
    Answer Applies to: California
    Replied: 5/12/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    We need to file a contempt action against her to help her understand that there are very severe consequences to violating a court order. This will usually cure an obnoxious parent when they spend their weekends picking up trash, or jail time. Additionally, this is cause to place primary custody with you. The time is ripe to fight, or else keep letting her be a dictator, which is not recommended.
    Answer Applies to: California
    Replied: 5/12/2011
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