Visitation - threat to violate consent order


#1

Erin,

Per our Custody Agreement/Consent Order, I have legal and physical custody of the children and it states that my wife has visitation on Tues from 8am - 8pm, can you answer a few questions about what I should do in each of the following circumstances? She also has visitation on Fridays 8a-8p, and alternating weekend Friday overnight.

  1. She does not show up until 9, 10, 11 am, do I have to wait and for how long before I reschedule and move on with my day? (More than 50% of the time she does not show up at all)

  2. The consent order states she must inform me of where she is taking the kids, (address, phone contact, etc) she refuses to tell me, each and everytime I ask. I have filed a motion to show cause, is this my only recourse? Can or will law enforcement help with this?

  3. She has threatened to keep our son overnight tonight, I have plans to take him and two of his friends to the zoo in tomorrow, departing at 7:30am. If she has repeatedly told me she is keeping him overnight and I have repeatedly (verbally and written) responded that I do not agree nor consent to an overnight, what should or can I do? Can I keep my son home, due to the threat? I have a 2 recordings of this conversation where I clearly state I do not agree to the overnight. She also is refusing to tell me where she is planning to have the overnight? My son tells me they are going to the beach?

Any advice would be appreciated. I am slowly going bald as I pull one strand at a time.
Thanks,
Felix


#2

If there is no specific time frame noted in the Order for you to wait, a reasonable time would apply, I would say you at most you would need to wait 30 mins.

Law enforcement will not order you to turn over the child if she has not complied with the order and given you the required information.
You do not have to turn the child over to her for the visitation if she refuses to tell you where she is going.