Enforcing Sep Agreement Visitation


#1

How can I enforce the visitation schedule as oulined in my Signed, Notarized Seperation Agreement? It has not been incorporated into a divorce decree (yet)-- not sure how to do that w/o an attorney??

My main issue is that my ex is simply refusing to allow me to have the children per the signed agreement. I am supposed to have them every Friday through Sunday and all school holidays, vacations, etc. He has refused to allow me to pick up the children for over a month now. This, in my opinion, is due to the fact that he has pending criminal charges against him for violation of a 503B. He sent me a text saying :
“no visitation until 9/22” – which was the original court date. That has now gotten continued to November, and he is still refusing to let me see the kids. We do not have to have contact to pick up/drop off, as other family members can (and have) done that. He is also refusing to let me talk to them everyday, as is the norm. I’ve gone 6 of ouf the last 7 days without speaking to them on the phone, despite leaving 3-4 messages on per day.

How can I enforce visitation? I can not afford the thousands of dollars in attorneys fees… can I petition the court to make him pay my attorney fees since he was the one breaking the contract, and therefore forcing me to go to court? Will an attorney take on the case without a $2-5K “retainer”??

Help!


#2

You may file a breach of contract action, and attaché a copy of the agreement to your Complaint. If your agreement has a provision for attorney’s fees and your lawsuit is successful, he will have to pay your fees.