Contempt of Court?

North Carolina Divorce Law Divorce and Separation Answers
1

The order states,

“The Plaintiff should be allowed to exercise supervised visits with the minor child…all visits with the minor child shall be supervised by a third party.”

I am the custodial parent.The order specifies that the visits shall take place twice a month on alternating weeks, and they are coordinated through an independent agency in a county an hour away from either parent. Child support is unpaid (the father is employed), and I pay the agency to host the visits and maintain records. These visits have occurred regularly since the father was released from jail (drugs).

The last visit was in November, on a Wednesday as previously agreed. I work two part time jobs and I have coordinated my work schedule and my daughter’s school and after-school schedules to allow the Wednesday visits. We agreed to take off the month of December as my daughter and I travel during the holidays, and we agreed to resume the second Wednesday of January (the 13th).

I was informed by the agency last Saturday morning that the father has changed jobs and moved, and is now employed on Wednesday evenings, and has requested to reschedule the visits. I am unable to do so, due to my work schedule. I have spoken with both employers this morning. Each stated that the terms of my employment require my hours to remain the same, and if I am unable to work any of the scheduled days my employment may be terminated.

Am I required to comply with the request to reschedule? I do not want to go to court with this.

Thank you for your time, and thank you for providing this extensive website and forum. I refer people to this resource frequently.

-Kathleen

2

The order does not require the visits to be on a particular day of the week. My suggestion is that you work with your ex to determine a new day for visitation.

3

Thank you!

The order does not specify when the visits shall occur, but it does specify that they shall be supervised. Because of the father’s drug use his behavior and stability is unpredictable, so I am highly uncomfortable with unsupervised visits.

If he cannot reschedule with his employer and I cannot reschedule with mine, considering that he chose to change his schedule despite our arrangement with the agency (who are specified in the order as the arbitrator for the visits) am I required to make our daughter available for unsupervised visits? Am I in contempt of court if I do not?

(Also, he had been employed, he voluntarily terminated his employment and accepted a different job. I could understand the complications if he were required to take the first available job and it conflicted with the schedule, but this was a completely voluntary transition)

Thanks and God bless,

-Kathleen

4

No, the order requires that the visits be supervised and you are under no obligation to allow him unsupervised access to the child.