Legal Question in Family Law in California
If I have I have primary custody of my children, and their mother only has visitation do I need to give her the kids if she is not providing me with a contact phone number? Our judgement says that she needs to give me a contact number at all times.
2 Answers from Attorneys
If your judgement expressly permits you to suspend visitation, then you are protected. If the judgment does not have that provision,it's time to return to court to amend the order.
I agree with Ms. Kock and just write to clarify. The rule of law is that you can't keep children away from the other parent when it's the other parent's time for custody or visitation based on the other parent's violation of other aspects of the order. The most common situation is where one parent tries a "keep-away" of the kids when the other parent isn't making the ordered child support payments. All that does is put the parent keeping the kids away in contempt of court too. In rare circumstances an order will provide that custody or visitation may be suspended if the other parent fails to comply with some term of the order -- this is what Ms. Kock is referring to when she says "if your judgment expressly permits you to suspend visitation . . . ." That is ha highly unusual provision and one that is disfavored by most judges. So chances are slim that your order or judgment has a provision that actually says you can suspend visitation for failure to provide a phone number. Assuming you do not have such a provision, you must continue to comply with the visitation part of the order, and file an Order to Show Cause why she should not be held in contempt of court for failure to provide a phone number.