Legal Question in Family Law in California
Denial Of Visitaion
My Husband has been granted supervised visitations with his children. This is a result of a guilty plea to 273a(b) a misdemeanor. We were informed yesterday at the visit that the childrens mother would be removing them from the place where visits occur effective today. This is the 3rd time in 5 months that she has removed them from Court approved visitation places. Neither the police department nor the DA seem willing to do anything as he is the ''bad'' guy.
Is there anything besides the obvious going back to court that we might be able to do?
He is not asking for custody or even unsupervised visits, only that he be allowed the visits the court approved.
2 Answers from Attorneys
Re: Denial Of Visitaion
Going back to court is really the only way to go. Neither the police or the DA's office have any real standing to interfere since it is a civil matter and she isn't breaking any laws, only a court order. As Mr. Bravo's reply stated, file for contempt of court for her violating court orders. A hearing will be scheduled. You may also want to ask for sanctions since she is in violation of the court order. Inform the court that this has happened repeadedly. If it happens again after you go to court file again. Hopefully, she will get the hint. I don't think a lawyer is really necessary at this time, but if problems continue to happen and you just don't have time to keep going to court you may want to consider retaining counsel. If you have any other questions feel free to email me.
John Hayes
Re: Denial Of Visitaion
File for contempt of court for her violating court orders. A hearing will be scheduled. You would be well served by obtaining representation. Please call me directly at (619)222-3504.