it sounds to me like if your ex takes your son to the beach as an unsupervised visitation he will be in violation of the court order.
But if you do not allow him to go it will be a violation also. I would suggest that you get in a call to your attorney or the clerk of court’s office about what the ex needs to do to prove that there is supervision during this visits, and what you are legally bound to do if there is no supervision. It may be that you have to wait until the visit actually occurs to know whether or not there is supervision at the time. He’s not violating a court order with plans…
If you do not follow what the court order says then you are in violation and could be held in contempt. I would reiterate to your ex husband that the visitation needs to be supervised. Give your son a means to contact you and notify you if the visitation is not supervised. If he fails to follow the court order, the police will probably assist you in regaining custody of your son.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Chapel Hill, NC 27514
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My ex assaulted me, protective order included my children as well. I currently am awaiting court date for 1 year order. In the mean time, my son expressed a desire to see his father so during a hearing, a judge granted specific dates for supervised visitation. One has taken place. The next one is this weekend. My son has stated that his dad wants to take him to the beach and he knows if they go to the beach it will be unsupervised (by an aunt) He has specifically said he doesn’t want to go! What can I do? Will it be a violation of the court order if he doesn’t go? Do I need to try to get this in front of a judge before this weekend?