danewheeler
New Member
I just won a court case for my daughter where the judge granted me full custody and visitations at my discretion (well that is what the lawyer called it). The ex is a severe flight risk and has threatened before that she will take my daughter and I will never see her again. She has fulfilled that threat by refusing me access to my daughter for over a year. After me having my daughter living here with me for the last two years she takes my daughter again and goes to this hippie commune. Also, her current living situation in the cult/commune is not a good place for my daughter to be plus if I allowed her there I will be in contempt of court.
So here is my question. Can I stipulate that I am present when she comes to visit my daughter? Here is what the court document says.
1. "It is ordered that (mothers name) shall have possession of the child at times mutually agreed upon between the parties."
2. In another place it say's "Surrender of the child by (My Name)- (My Name) is ordered to surrender the child to (Mothers name) at the beginning of each period of (Mothers Name) periods of possession at the residence of (My Name)
3. And finally in another place "It is ordered that (Mothers name) is permanently enjoined from: 1. Interfering in any way with Managing Conservators (that's me) possession of the child or taking or retaining possession of the child, directly or in concert with other persons, except as permitted by order of the court."
Basically, the terms of this are that it must be agreed upon by both parties for visitation to occur. Now, with the serious threat that she poses am I legally justified to say, NO I do not agree with visitations unless I am present? This must be considered because it does give her the right to bring her out of this home during said visitations. Finally, She is bringing two people with her from her cult/commune who are going to accompany her. I have good reason to fear they would try to either go back to the commune which is not permitted by the court or to bring her to the airport and she runs off with my daughter. Am I legally justified in protecting my daughter by accompanying them?
I will be asking my lawyer tomorrow when they open, I just wanted a little council now.
So here is my question. Can I stipulate that I am present when she comes to visit my daughter? Here is what the court document says.
1. "It is ordered that (mothers name) shall have possession of the child at times mutually agreed upon between the parties."
2. In another place it say's "Surrender of the child by (My Name)- (My Name) is ordered to surrender the child to (Mothers name) at the beginning of each period of (Mothers Name) periods of possession at the residence of (My Name)
3. And finally in another place "It is ordered that (Mothers name) is permanently enjoined from: 1. Interfering in any way with Managing Conservators (that's me) possession of the child or taking or retaining possession of the child, directly or in concert with other persons, except as permitted by order of the court."
Basically, the terms of this are that it must be agreed upon by both parties for visitation to occur. Now, with the serious threat that she poses am I legally justified to say, NO I do not agree with visitations unless I am present? This must be considered because it does give her the right to bring her out of this home during said visitations. Finally, She is bringing two people with her from her cult/commune who are going to accompany her. I have good reason to fear they would try to either go back to the commune which is not permitted by the court or to bring her to the airport and she runs off with my daughter. Am I legally justified in protecting my daughter by accompanying them?
I will be asking my lawyer tomorrow when they open, I just wanted a little council now.
