Legal Question in Family Law in Virginia
Unclear on Show Cause ruling
My husband & his ex went to court on May 12th for a show-cause because she doesn't give him visitation with the kids. My husband represented himself, as his lawyer said it'd be a waste of money to pay someone to speak on his behalf in such an instance. The judge wouldn't look at the calendar we kept for 2 years & would only hear about the one instance that pushed him to finally file. With that, the judge put her on a 6-month probation. There is some confusion as far as what she is required to give him. The divorce decree states ''reasonable & liberal visitation'' with the son, at least every other weekend & visitation with the daughter ''as is recommended by the child's counselor''. At the show-cause hearing the counselor submitted a letter stating that there is no reason both children shouldn't spend time with their dad. Since that court date their son has come twice & the daughter hasn't come at all. Is the letter provided to the court by the counselor sufficient to say that the ex has to give him visitation with BOTH children or does she not have to bring the daughter because the words are not written in the court order? I thought maybe we'd get something from the court after that hearing with some detail but didnt get anything.
1 Answer from Attorneys
Re: Unclear on Show Cause ruling
No, as long as the letter submitted by the counselor is not part of the visitation order or incorporated by reference, it means virtually nothing in regard to what your husband's former spouse is legally required to do with respect to visitation. (She is only required to adhere to what the last relevant visitation order specifically stipulates; nothing more.)
If your husband had been represented by an attorney at the Show Cause hearing, this kind of nebulosity in the revised visitation order would likely have been avoided.
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