Legal Question in Family Law in Indiana

Obstruction of Court Ordered Visitation

My ex- wife and the man she lives with are not following the court ordered visitation for my children. They live several miles away, so I am allowed phone calls on Tues. and Thurs. The boyfriend tells me it's his phone, and he will decide if I can call. They are also deciding at the last minute to cancel certain weekend and holiday visitations. They have threatened to leave the state if I take them back to court. All issues are addressed specifically in our court papers. Money is also an issue for me...costs of attorneys too high. Not eligible for legal aide. Anything else I can do?


Asked on 12/10/03, 5:38 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Obstruction of Court Ordered Visitation

You have a right to prepare your contempt petition and file it with your court without an attorney. Attorneys merely make it easier (or harder) to get your case on the court's docket and are more familiar with the things which need to be said to get the point across. However, if you cannot afford the cost of the attorneys you have consulted, you can always write a letter to the judge and tell him what your complaints are and provide him with an order to fill in a hearing date (and be sure to supply both your address and that of your ex) to have the sheriff serve her with a copy of the order to appear. You could also request the court order the two of you to mediate your differences in the hopes that you would reach an agreement (which would be filed with the court and made an order of the court). Otherwise you merely sit back and grouse.

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Answered on 12/11/03, 9:28 am


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