My husband has not had overnight visitation with his daughter now in almost a year. His court order says he is to have her every other weekend from Friday afternoon until Sunday evening. He has only seen her a few times for simple outtings like dinner or a move and she came to our house on Christmas Eve to open her presents. The child refuses to stay overnight and the mother will not make her do it. If I want to file contempt of court proceedings is this something I can do on my own ?
Also, if we end up going back to court because of this and the child who is 15 states she does not want to have any visitation with her father because she does not like me (his wife) will the judge allow her to do that?
Thank you.
Yes, your husband can file a motion for contempt on his own. A child cannot chose if she wants to visit with the other parent so long as she is minor.
Just out of curiosity, since the child has now called her father and stated that she wants nothing to do with him, she doesn’t want to speak to him and that she has no intention of ever seeing the front door of our home again. She said if he comes to get her she will refuse to get in the car or even step out of the house. The local police department here stated that they will not get involved in matters of visitation or custody. Her mother has also refused him visitation as recently as yesterday. She claims she contact her attorney who told her that she had to do what was best for the child and if that meant her not having visitation with her father than that was what she needed to do. She also stated that her attorney said she can require me to take anger management classes because I’m the problem. (which is not true at all)
What if he chooses to abide by her wishes and not see the child ?
He does not have to see the child, and no court action would be necessary.