Legal Question in Family Law in California

the mother has custody of my kids, i am only allowed supervised visitations, the mother and i have mutual friends, if im at a party and my children show up will i have to leave the party? there is no restraining order whatsoever, or can i stay and be able to talk to them or is that breaking the law?


Asked on 4/27/11, 2:57 pm

2 Answers from Attorneys

No. A supervised visitation order is not a restraining order. If you were under a restraining order you would have to leave, but not for this. I strongly recommend, however, that you not be alone with the children. Just because you don't want to give her any ammunition that you were trying to circumvent the supervision requirement.

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Answered on 4/27/11, 3:00 pm
Rhonda Ellifritz Law Offices of Rhonda Ellifritz

I agree with Mr. McCormick. I would like to add, however, that you may want to okay this with mom to avoid unpleasant verbal exchanges and her possibly leaving a party that the kids were hoping to enjoy. In family law, everything isn't all about what is legal or not, unless you like paying lots of attorney fees. It is about two adults who cannot get along with each other being forced to figure out how to get along for the children's sake. The courts are there to help the parties agree, but ultimately you two have to figure out whether you will choose to make your children's childhood a happy memory, or just an unhappy memory filled with bickering and arguing, with their wants and needs taking a back seat to that (or even worse, they are forced to choose sides). Whatever reason the court ordered visits to be supervised, make sure you are working on that so that you can graduate to unsupervised. If she sees that you are not taking those steps, she may be less inclined to stay anywhere with the kids while you are in the vicinity.

On a personal note, I have an aunt and uncle who did a wonderful job of this over the years. It was weird for everyone at first, them being at a family party with a date, but everyone got over it. They didn't cause a scene or even make comments to anyone, so everyone was put at ease. They both attend their grandchildren's birthday parties (yes you DO have to deal with each other forever), and there is never any drama. I wish you the best of luck.

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Answered on 4/28/11, 10:55 am


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