Visitation


#1

My EX-wife makes it her job to make my life difficult. Her latest interference is with my court ordered visitation.

Background:

My court ordered visitation is for my children to be in my care from 12:00 PM Wednesdays - 12:00PM on Saturdays. The judge was aware that I have to work some Wednesdays and would have a sitter. He was not concerned with who the sitter was or anything surrounding the sitter.

Last week I had my fiance’s aunt pick the children up from my ex-wife at the pick-up/drop-off location. I notified my ex-wife in advance that I would be sending a family member to pick up the children. I gave her the person’s name, and told her they would be driving my fiance’s care (so there would be no confusion). Also, I told her if she was running late or if there was a problem to text or email me.

When she arrived she refused to let them out of the car. She interrogated her, asked her for ID, where she lived and her phone number. She also told her that she should have been introduced to her and that she needs to EVERYONE who will be around her children and in their lives. After the girls confirmed that they have spent time with the sitter before she let them out of the car.

SO last night I received an email from her stating that she will only allow me to pick up the girls and she would not release them to anyone else.

Is this legal? I cannot control who she has pick them up or drop them off, how can she control what arrangements I have made. Is there anything that I can do?


#2

If she refuses to allow the children to go at the exchange you may file a motion to have her held in contempt. Unless your order specifically states that only designated persons may pick the children up, she has no right to refuse to allow the children to go.


#3

Thank you!


#4

You are welcome. I wish you the best.


#5

Today I sent my STB sis in law to get the children for me from the pick up location. My ex-wife would not allow the kids to leave with her. I had to call the police for a police escort and go get the kids myself from where she had taken them.

The police basically catered to her saying that they needed her to see it was me before they let the children go, because she would not give the kids to anybody else. I explained and showed them them that it was not in the court order but they still catered to her.

I am taking your advice to file for contempt however I know that may take a while. I have to work next Wednesday and will need a family member to get them for me. She is still stating she wont allow them to leave with anyone other than me. How do I enforce my order during my work hours. I cannot take off every Wednesday to follow her rules.

Is there anything I can do until then?

Thanks again for your help!!!


#6

Unfortunately there is nothing you can do in the meantime to avoid her game. I would suggest having someone she knows and has allowed at the exchanges before to pick them up.


#7

Thanks again!


#8

Hi, it’s me again…

Just wanted to see if you had any suggestions to this current situation. When we last conversed I went over a situation where my ex-wife was interfering with my court ordered visitation by saying she would not release the children to anyone but me. You suggested that I file a contempt. I did that and today was the court date. The judge today was new and refused to hear the case. I am in a position where I will not get to see my children because I cannot continue to get off of work to escort them from one car to the baby sitters car as she would have me do.

Any suggestions as to what I can do now?

Thank you?


#9

What was the reason the judge gave for not hearing the case?


#10

The judge mentioned that there was too much history and said that he wasnt going to hear it. I asked him if there is anyway I could get to see my children before our next court date for custody and he just stated again that he wasnt going to hear it.


#11

You should calendar the motion for contempt to be heard at the next custody hearing in front of your assigned judge.


#12

Thank you!!!


#13

You are welcome, I wish you the best.