Legal Question in Family Law in Virginia
Visitation
Here is the scenario. I have a protective order against my husband. In that order it states visitation with his son is at my discretion. After that order which is still in effect, is the custody order in which it says He can have visitation every other weekend at one of 3 places which I've chosen. I found out he took him to his home a couple of weeks ago which is not one of those place. Now I also found out he has moved and the custody order says he must provide all parties with a new address and phone number 30 days prior to moving. It has been about a month and a half since he's moved. My question is since he has taken him before against the court order can I tell him he can't get his son until he provides me with the information for his new address? What if he takes him again and doesn't bring him back. I will not know where to find him. I think because of the protective order he doesn't think he has to provide to me but he knows where I live and I'm the one that took the protective order out on him. I don't think that protective order means he can't disclose that information to me as far as I know. When we have gone to court they only protected my information which he already has anyway. Or does it?
1 Answer from Attorneys
Re: Visitation
If the father's visitation is at your discretion, then you have the discretion to withhold such until you've been provided with the address where the visitation will take place and in a place of which you have approved and where you can contact the child if the need should arise.