Legal Question in Family Law in California
supervised visitation requirements
My ex was not wanting me to have overnight visits restored.
I had an alcohol incident 1 year ago (not driving) my son not harmed but I lost temporary overnight visits. I have complied will all AA meetings and alcohol tests I am clean determined and a responsible loving mother.
The judge asked what if we tried a 6 week period where my overnights were restored but supervised. My ex said yes and suggested his mother. It was agreed upon and I assumed she would come to my residence to supervise.
She did not show up .. infact he came with the police..
He indicated in a subsequent voicemail that I would have to go to her residence and that the supervised visits were at her convenience and only if she was available... but that she was not obligated to comply because the court cannot compel her as she did not make the agreement he did!
In fact this weekend as I was expecting her arrival she was in fact on vacation and not available to come to either location.
Can my ex and his mother flaunt the court order. Surely if it is the intention of the court to allow overnight and they specify the night and the six week duration until the next hearing they don't expect the designated supervisor to refuse to cooperate. HELP ME I'M ON MY OWN!
1 Answer from Attorneys
Re: supervised visitation requirements
Congradulations on your sobriety. I would suggest that you file an exparte motion to modify the order in order to remove the requiremnet for supervision for overnights or return to the daytime only visits until you return to court. It sounds as if you were tricked but you should have talked to your mother-in-law first. Whenever a family member is designated as a supervisor you need to spell out where the visits will be and who can serve as a back-up if the supervisor is unavailable.
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