refuse to comply with court ordered visits

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dayrider

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Divorced couple has joint custody, one party is not taking children for summer court ordered visitation, because it will put a damper on summer fun trips. Whats the next step?
 
dayrider said:
Divorced couple has joint custody, one party is not taking children for summer court ordered visitation, because it will put a damper on summer fun trips. Whats the next step?
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Maybe I'm reading this wrong, but it sounds like you are saying the one party is refusing to exercise their visitation for the summer???

If that is the case, there is nothing to do. Court ordered visitation establishes the right to visit, but doesn't make the visit mandatory to take by the noncustodial parent. When one party refuses to allow visitation to the other party or return the child at the end of scheduled visitation (as stated in the court order) is when you have a contempt case.
 
If the other half is not using the visitation time allowed then you may be able to get a new custody order that reflects visitation time actually used.
 
Sorry, but one summer of "Parent can't be bothered/too busy/whatever" is NOT going to get the visitation order changed.
 
No, not if it is an isolated incident. However a well documented account of failure to use the allotted visitation time most certainly can get the order changed.
Even if this is the first time, showing the other parent that you mean business could go a long way.
The failure of parent A to exercise visitation could cause undue hardship on parent B who is trying to follow the rules and make their own plans.
On a smaller scale this is usually what happens when parent A fails to show and parent B has to scramble for a sitter or miss work.
Dayrider, don't let the ex manipulate you.
 
Thank-you for your information. What makes this so dumb is the fact this was the fathers idea on having them for 6 weeks, he can break them up, and this is the first summer for summer visitation and he can't do what he wanted. Don't seem fair. Why bother with lawyers and courts if it isn't worth the paper its written on. Some fathers have to fight for visitation, and this one dosen't want it. I thought court ordered visitation should go both ways, you agreed, so do what the papers say.
 
Is this in every state? Again I have to say why bother with dates and times if either party can say, don't want to do it. Don't get me wrong, things happen, but this is really because party A just wants to play, got a love facebook!
 
Court ordered visitation grants a non custodial parent visitation rights. a court order does not force this parent to use that visitation. Courts grants rights and give guidelines to parents they do not force parents to be parents
 
Love the last line, so true, but can't except the fact, that one can say I don't want them, so no plans for one, ever, for the next 18 years, while the other does what they want, something's wrong.
 
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dayrider said:
Love the last line, so true, but can't except the fact, that one can say I don't want them, so no plans for one, ever, for the next 18 years, while the other does what they want, something's wrong.
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It may seem unfair, but that is because it is unfair to the CHILDREN first and foremost.

The kicker is that if the Custodial parent refuses to allow the visits as set out in the court order, they could be found in contempt.

Likewise though, if the noncustodial parent refuses to return the children as stated in the order, they could be found in contempt.

The court order visitations are more or less a way to make sure both parties play nice and the noncustodial parent gets their due visitations. Whether they elect to be a parent, and take the visits is no concern of the court though (generally speaking of course).

Just document all visits the other parent takes and does not take, and if it is an on going thing, file to have the visitation modified to better reflect the time the noncustodial parent is actually wanting to spend time with the children. Maybe losing some of the visitations would be a wake up call.
 
I thought about this and it seems very unfair, you have a divorce decree with visitation and agreed upon by both parties and signed by a Judge, and yet only some of it is enforceable. How do you define what is contempt with-out it being otherwise noted,[ parties may disregard this one if they choose] or only part of it, example, [party brings kids back late, big no-no,[ but they can pick them up late] is o.k. And your right, children are always in the middle, so sad. Everything is being documented, however seems fugule at this point. But would like an answer on why some not all written in final papers are not all enforceable, Thanks :D
 
Contempt would fall under these condition most likely as far as visitation

. Custodial parent denies Non Custodial parent (NCP) his/her court ordered visitation
. Non custodial parent does not return child/ren at court ordered time or at all per custody order
. Custodial parent fails to show up for scheduled drop off or is habitually late
. Non custodial parent does same as above
. Custodial and/or NCP fails to abide by any visitation order or condition in court order

There could be other issues but thats about it. Neither parent or court can force a parent to be a parent.
 
Thanks so much shrinkmaster, seems it would be a contract between two parties and if one defaults the contract would be null and void or one fined. Which so simple. But you have put it in a nutshell, thanks so much, best to you.
 
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