Legal Question in Family Law in Louisiana
no-show (visitation)
i am the ncp(father) who gave the cp 60days notice by certified mail to let her know that i will be purchasing plane tickets for my xmas visitation for the 2 minor children(11,13)the cp is responsible for the escort fee$150 rt. after sending the 1st notice on oct 12 cp signed notice letting her know that i was purchasing tickets.i purchased the tickets on nov 5 i sent the itinerary to the cp 2 days after i purchased the tickets, it came back refused,not once but 3x's and all 3 came back refused plus one delivery confirmation. it came back refused..,when i asked the cp why she didn't sign the mail she said that her atty told her to refuse it(all of this is being recorded).this is court order,plus it states that whoever violates the visitation order has to post a bond,(what does this mean)then i recv a letter from her atty that she advise her client not to send the children, because the cp lied to her atty telling her i will not be va.i work in FL. but came home for the holidays and i emailed her aty letting her know that i will(was) in Va,i tried to call to let her know the ticket infor she hung the phone up in my face..so pls tell me where to go from here.i know shes in contempt, plus she will not allow the kids to speak to me
1 Answer from Attorneys
Re: no-show (visitation)
Problem: violation of the holiday visitation order.
Tis the season! You answered your own question about what your remedies are. She is in contempt for violation of the court order. When a lawyer advises a client to violate the order they better be sure they can withstand a contempt citation and the fees associated with it
However, this does not help you. If you are not prepared to go and pick your children up for travel then you are at her mercy and all you can do is to Show Cause her for Contempt of Court for violating the Court's Order and ask the Court to award you your wasted travel fees and your attorney's fees for having to bring the Show Cause. You would also ask the Judge to make arrangements for 2005 that would make the time up and prevent a similar situation from happening. If your Court Order spelled out the days you were to have the children, and she refused, you could come and get them and with the assitance of the local police force get your children against her will.
If she violates the visitation she posts a bond - usually equal to your expenes and attorney's fees - and in limited situations bond for incarceration (such as in cases of parental kidnapping)
If she has refused your mail and will not deliver the kids I would advise you to come for them yourself and take her to court for what it had to cost you to come here yourself. If it were me.
Good luck.
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