Legal Question in Family Law in California
Im in the middle of a divorce, and i mjust waiting for a Court date. Right now i have 50/50 visitation rights with my 2 kids. There Mom does not allow me to see them on the agreed days and times. What action should i take to let the courts know that i want them and she wont allow me to see them? I want to see my kids, Please help
2 Answers from Attorneys
You need an attorney, and quick. Don't wait for a court date. Calling the cops is one option, but this can be traumatic for the kids. You can ask them to simply file a report if they do nothing else. I have had less than satisfactory results with asking the police to enforce the court order. It depends, sometimes, on who responds. You will need to file a contempt hearing. If you do nothing, it could result in some of your time being taken away.
Beers is right. First step is to show up to get the kids at your assigned time with a police officer on "civil standby." There is no need for it to be traumatic. The police will stay in the car nearby and only intervene if needed. If that is unsuccessful, you need to file an emergency ex parte OSC re: contempt. Hire an attorney to help with it if you possibly can.