Legal Question in Family Law in Texas
My husband has the court order for visitation rights, last weekend was his weekend and his ex girlfriend denied him taking their daughter, his son left wiht us because he didnt want to be with his mom, the police officer said that was fine, we were at the police station and the officer stated he couldnt force her to let the lil girl come with us she was in another room with her mom, we had the court order with us, What are we to do if she is not following the court order? it is a legal document, Did the office give us correct information by saying he couldnt force her to give up the daughter? Today we are entilted to pick them up what if she denies them again what are we suppose to do then?
1 Answer from Attorneys
The police are kind of correct. It's not "FINE", but it is not a crime, yet. For now, it is a civil matter and the police only investigate crime. However, there is a crime in Texas called "Criminal Interference with Possession."
From now on, go to pick up the kids with a CERTIFIED copy of your court order. If mom won't comply, call the police right then and there. The police won't do anything but they will make an incident report. Once the police have made 7 incident reports, the police MIGHT report her to the DA for criminal prosecution. If they do not, you then have enough evidence to bring a civil suit seeking to have mom jailed for contempt of court.
Seven is not a magic number every where. Some police departments (DALLAS) will automatically refer to the DA after 7 reports. Others will never automatically refer the case to the DA.
Good luck!!
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