Legal Question in Wills and Trusts in California

Hi i live in california and am being denied by my children's guardian's the right to see them over XMAS they are using excuses such as "homework" and safety of driving (both are null my kids are on winter break & weather conditions are fine)

I was advised to seek the help of the police to enforce this as my supervisors that handle my visits can't make the guardians follow the court order and here is the response I have been given by my children's guardians:

To ensure there is no confusion, the attached Order Appointing Guardians is the latest order and it specifically states the following and This order establishes the general guardianship and it takes precedence over orders issued during the temporary guardianship proceeding

"Reasonable visitation with parents and other relatives of the minor(s) is ordered. The terms and conditions of visitation are in the guardian�s discretion.�

I have been told to also seek help from DA to hold them in Contempt of Court please help me know I can do this before I waste time doing so and that my order is still vailid that is all i need to know is my previous order still valid it lists that I get to have my children in my area every three months and hasn't been changed.

Thank you so very much.


Asked on 12/12/10, 11:13 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

I am so sorry you are being denied your children at Christmas. The court order as quoted by you does not give you any specific visitation rights. If I were your lawyer in the case, I would object to the order, or appeal the order if there is still time, on the grounds that the order gives the guardian discretion to decide whether visits will occur at all. That is illegal. If this is a juvenile dependency case, you need to file a 388 petition giving you specific days and times for visitation.

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Answered on 12/17/10, 11:39 am


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