Although most judges consider it a
priority to ensure that their court orders are enforced, parents need to
realize that judges must be informed that there is a problem before they can
take any action to remedy a problem. This comes up frequently in situations
where parents don’t get along and they use a contentious custody schedule to
further provoke each other.
If you’re a parent and your spouse (or
former spouse) is denying you your court-ordered visitation there are steps you
can take to remedy the problem. The first bit of advice that should be pointed
out is that getting the police involved is absolutely NOT the right way to go.
It is not their job to enforce orders from civil courts and you don’t want to
make the matter worse by upsetting your kids.
By doing everything that the court order
requires, such as by adhering, to the letter, to the written schedule, you can
ensure that there are no excuses for your spouse to deny you your time. Also,
if the order calls for advance notice of changes, be sure to follow to that as
well. By remaining as compliant as possible, you will protect yourself from
charges that you were to blame for the trouble.
If things go badly, start by informing your
spouse, in a written document, that you will be enforcing your rights exactly
as the court orders are written. If there is a response that shows their unwillingness
to do so, keep it as evidence. Also, be sure you have a reliable witness if you
try to pick up your kids and are denied access to them. Evidence is crucial to
bring before a judge in cases like this to avoid the “he-said-she-said” problem
that often affects these kinds of situations.
If the terms you worked hard to agree on
relating to your children are not followed properly it’s good to know that
there are channels to go through in order to ensure that the agreement is
followed. Working with an experienced Ohio
divorce attorney can be
an excellent resource for people who are struggling with visitation issues similar
to this one.
If you find yourself facing the prospect
of divorce, contact an experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law attorney Carol
L. Gasper.
Source:
“Strict
adherence to visitation order essential,” by Andrew Grossman,
published at Dispatch.com.
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