Legal Question in Family Law in California
Interrupting Visitation
My children are vistiting their father for his 8 week vistation period. He has violated our cutody agreement and his new wife has physically assualt one of my children. How do I get my children back early and how do I file assault charges for my child?
2 Answers from Attorneys
Re: Interrupting Visitation
I am presuming that your referrence to your x violating custody agreement is regarding corporal punishment. If your custody agreement has become an order of the court, then you can move for contempt of court proceedings against him. You need to go ex parte for an order to modify visitation, but such ex parte motions are rarely granted, you need to show that the children are in real danger. Filing for contempt of court with an order shortening time simultaneously will more likely get the results you desire. Please call me directly at (619) 222-3504.
Re: Interrupting Visitation
as far as the assault, you can file a police report right now. to get the kids back you need to go to court and get an emergency order unless you can get the police to remove the kid.