Legal Question in Family Law in California
My ex husband is required to have a court approved supervisor at all his visits with our children. He was convicted of DV toward his new wife in front of my children and child abuse for pushing and slapping our son when he tried to stop his dad from hitting his wife.. Our children are the ages of 9, 7 & 6 when this occured 2 months ago. He has a history of DV, and that is why I left him. This is not a one time incident it is just the one time in many years he was caught. My children were subjected to witnessing him abuse his wife on a bi-weekly basis since he married his new wife 1 year ago. I had talked to attorney, facilitators and deputy officers and was told until he gets caught it is my word against his. So when he was arrested was the first time I was listened to by the court and able to protect my kids from being subjected to that.
The order states that "the father shall have supervised visits with the children up to 6 hrs each week. Supervision shall be by a professional supervisor ro another person mutually agreed upon by the parents." SInce the order has been put in place he has made no attempt to get a supervisor and see his children. Now that school and soccer has started he says he is planning on showing up for everything (including filed trips) which he has NEVER done before! He is trying to use their school and soccer games to "visit" with them instead of actually having to pay a supervisor. Is he allowed to show up at school functions and soccer games without a supervisor and use these as his "visits" with the children? My kids say they atill are not ready to see him, at their ages do they have any say at all in the courts eyes?
1 Answer from Attorneys
You should file a motion with the court and bring up that issue. Are your children in counseling? That is a very traumatic thing for them to experience and probably need a professional to help them process their feelings. A counselor will help be their voice to Family Court Services. Good luck. If you need anything further, you can contact us for a free, half-hour consultation.