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Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 30909
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Where do I need to go to file parental interference? I am

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Where do I need to go to file parental interference?

I am the noncustodial parent and I have 3 or 4 orders directing visitation with our children.

My ex has stated in writing and verbally she as no intent on obeying the Court Orders despite my consent to supervised visitation just so I can see our children in some manner.

I have gone to the Courts and filed contempt motions but the Court simply ignored the issue upon our divorce. literally giving no mention in the divorce decree.

Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney. Thanks for using JA!


I'm sorry for your troubles with this, but I'll be glad to provide you with some information to help move things along.


First, the guardian ad litem IS supposed to only be concerned with the well-being of the child and what is in his/her best interests. The guardian ad litem is not supposed to promote or push the agenda for either parent. Thus, you could file a motion with the court asking that the GAL be removed and substituted with another one. If you can show bias, prejudice, etc., then it would be possible.


As for the mother refusing to honor the visitation order, the recourse is to file a motion for contempt and ask the court to set a "show cause" hearing to allow the parent who is in violation of the order an opportunity to defend his/her actions. If there is no "cause", then the parent should be found in contempt and fined (or even jailed) and ordered to comply with the order. The judge could also modify the custody and visitation order and remove the parent as the custodial parent if compliance isn't achieved.


If you have filed a contempt motion in the past, and it was never separately brought up for a hearing, that's the first thing you would need to do: File a new motion for contempt with the court and then have the court administrator set it for hearing. When the judge hears the matter, he/she will make a ruling on the issue of contempt. If you are unsuccessful, you would have the right to appeal. HOWEVER, if you have obvious proof that the mother is not complying with the visitation order, then the judge should sternly inform the mother to comply or he/she can fine, jail or even take the child away/modify custody.

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