PLEASE HELP...Violation of Custody Order...what to do?


#1

My children and I are extremely close and this kills my x, she is considered the primary care giver but we have joint custody. She always makes excuses when I want to see my kids on additional days that I don’t normally have them. She thinks she’s hurting me, which she is, but it’s also hurting the children. I’ve recently filed for a motion to modify our custody agreement and we are awaiting mediation, so she is more so than ever,using her power as “primary” over me. My question is …what can I do if she clearly, knowingly violates our custody order? Father’s day is coming up and it’s on a weekend that I do not have my children, however, the court order clearly states I am to have them on father’s day from 9am till the following a.m…I told her earlier in the week I was planning to pick them up at 9am for church and she said they were going out of town to the beach…they never go to the beach…and it’s pretty ironic that the weekend they go is Father’s Day.She said they would be back later that evening. WHAT DO I DO or WHAT CAN I DO???Do I just go ahead and get them that evening and file a complaint the next day or do I call the sherriff’s dept?If mediation doesnt work we may possible go to court over modification.I just need to know what would be the best way to handle this to be able to use it against her. Please help, I have no clue what to do and I can’t get intouch with my attorney!!!


#2

If your ex is not abiding by the court order, then she is in contempt. I would document any and ALL instances where she is not abiding by the order. If you’re up for mediation, then bring those things with you to discuss. I would get the children tomorrow evening and try to keep your cool. Just because she is primary custodian does not give her unilateral rights to change up visitation to suit her.


#3

i would definitely file a contempt on her - that is not right! this will show the judge how inconsiderate she is and the judge will not accept this kind of behavior, especially on thatholiday! good luck!


#4

You should file a motion to have her held in contempt, even after the fact. You will be in better shape moving forward by brining her behavior to the court’s attention.