Legal Question in Family Law in California
Visitation pattern --- changing the rules of the
My husb's ex (div since 8/99) is constantly changing the ''rules'' of their court orders to fit her opinion or desires regarding their 9 y o son. There is no reasoning with this woman.None.They have no ''parenting plan'' (yet), and visitation/transportation plans are too vague to avoid constant disputes over times of exchange, etc. For the past three summers, my husb has had 3 one-week court-ordered visits each mo in the summer with no clear outline for times of exchange. They have typically exchanged the child at the beginning of visit on Fri, Sat or Sun and at the end of the visit on Sat or Sun. Because we have planned a vac to visit my fam in Aug which she is resentful of, she is insisting that my husb return the child to her by Fri the end of the visit. He has informed her in writing of the vac and that he will return the child on Sun at the end. What recourse does she have if he does not return the child until Sun. instead of Fri. We've done everything we know to do including verifying through the cty sheriff's office that what he has told her and what he will do is not punishable by law. I need an answer quickly since we leave 8/20/03. Thank you.
2 Answers from Attorneys
Re: Visitation pattern --- changing the rules of the
I think all the sheriff is saying is that it is not a violation of any criminal law. However, if it is a violation of the existing written court decrees, she could file a motion to have him held in contempt of court, and he could be jailed for that for a time as punishment. If the papers are vague enough that there will be no violation, he probably has no worries, but if they are very specific, I would caution against relying on any promise she might make, as it sounds like she is definitely in attack mode.
What you need is for a lawyer to review the most recent decree(s) relating to child custody and support. She cannot herself unilaterally "change the rules" unless the decree(s) give her such discretion.
Since this matter sounds a bit urgent, I would be pleased to examine these decrees and give you my thoughts without any initial charge. If interested, fax them to me at 1-413-403-5408. You can also e-mail to [email protected] if you have scanning capability.
Please note that although I presently practice in Georgia, I have been a licensed member of the California Bar since 1979, so am authorized to practice there. Please let me know if I should be expecting these papers
Re: Visitation pattern --- changing the rules of the
These kind of petty child custody issues really drive the courts crazy. If she doesn't do anything to prevent the child from going, then, go and have a nice time. If you are truly worried about any action by her, then, don't take the child with you. She could file with the court for violation of the court order regarding visitation and custody. Unfortunately, before a clear answer can be given, an attorney needs to review the custody/visitation orders to determine if this would be a violation of the court order. If the order is vague or unclear, then, she doesn't have a good chance at enforcement. You should really contact a local attorney to assist you. Good luck and thanks for inquiring.
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