Legal Question in Family Law in California
court ordered visitation
Father has legal custody. Mother has visitation days. Last Friday mother didn't return child. Police picked child up following day. This Friday she didn't return child again. No one has found her yet. This is Sunday evening. If child is found before next ordered visitation day does father have to drop child off for next visitation or would he have a legal right to stop visitation until the March court date?
1 Answer from Attorneys
Re: court ordered visitation
Father should file an OSC requesting a temporary order terminating visitation pending further order of court. Failure to provide the child for visitation is a violation of a court order. Violating a court order should not be undertaken lightly. But may be justified when child safety requires the violation. For example mother arrives to pickup the child and is under the influence of alcohol or drugs. Refusal to allow mother to pickup the child would be justified. Father however, risks sanctions if his determination of mother is false.
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