Legal Question in Family Law in New Jersey
Visitation denied due to false accusations
My fiance' has been divorced with a regular visitation schedule for over 5 years. We have been together for 4 years. I have an 11 year son and he has 3 children. His ex-wife recently accused us of allowing my 11 year old to beat on her 6 year old because he came home with a bruise on his cheek from playing.
She is also accusing my fiance' of some ''inappropriate corporal punishment'' of his 15 year old daughter which of course is also completely untrue.
We went to the local police station in her town on our regular scheduled visit w/ the court ordered visitation schedule. All they would do is call her and she told them she is suspending visitation. That was that.
What are our rights? She has only had her attorney send us a letter informing us of suspended visitation. How can we force her to let us see the children before a family court date is set?
4 Answers from Attorneys
Re: Visitation denied due to false accusations
You must hire an attorney to obtain the benefit of a court order compelling the allowance of visitation. You can visit my website by clicking on www.garymooreattorneyatlaw.com to consider conferring with me about the problem.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
Re: Visitation denied due to false accusations
Hi,
If the police will not enforce the visitation Order, then you are going to have to go back to court and get a judge to enforce the order. My suggestion is to hire and attorney and provide as much documentation as possible.
Important: Any information provided is offered for discussion purposes only. It may not apply to your specific factual situation or jurisdiction and cannot be relied upon without the advice of your own counsel. This communication does not create a client-attorney or any other client-professional relationship, and no one can rely on advice from an attorney who has not been retained. Please feel free to call me at 856-489-8888.
Re: Visitation denied due to false accusations
If you have an Order which specifies the visitation, take it to the Police and ask them to enforce it. If they refuse, there is nothing you can do but file an enforcement application. If you would like to further discuss this matter, please feel free to contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
Re: Visitation denied due to false accusations
I apparently misread your question when I answered your question previously. The answer is that there is nothing you can do until the matter is in court before a judge. The police do not want to risk a civil lawsuit by taking sides in a dispute in which some sort of abuse is alleged.
The problem with answering questions on line is that it is no substitute for an in person consultation.
Gary Moore
Hackensack, New Jersey
800 273 7933
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