I am a recent divorecee and in my decree it was agreed upon that I would have my 14yr old son for two weeks in July. (July 18 - Aug 1 to be exact). My ex-wife told me the reason why I was not able to gain possesion of my child was because she was afraid that I would get my son during this time frame and not return him. She said she knew that this was in the decree and there was nothing she could do about it. I told her the decree stated that he needed to be returned on Aug 1st and that is what had to be done. (the next summer posession is to be Aug 15 thru Aug 22)
I have been trying to get my son on the every other weekend agreement and each time I try I am told that he is not availalbe or she is taking him out of town or he is spending the night over a friends house.
I have sent her notice of intent of posession as the decree stated on April 1st so she cant say that she was not notified. So What shall I do...I want to see my child and not aware of what to do.
TO reason with my ex wife and no progress
I am not yet able to see what State you reside in.
I reside in Texas
In Texas, if a parent refuses to let the other parent have possession of the child pursuant to the terms of the court order, the remedy is to go back to the court and ask the judge to make them comply with the order. The parent asking the court to enforce the order must show proof they did everything they were supposed to do and the other parent failed to turn over the child. For example, if that parent is supposed to pick up the child on Friday at 6:00 p.m., he must describe to the court each incident where he appeared at the right time and place and the other parent failed to surrender or release the child. If the court orders the parent to comply with the order and the parent still refuses, the other parent may also ask the court to issue a criminal contempt citation. If the court finds the parent guilty of criminal contempt, the punishment may be jail time and/or a fine.
You or your attorney will need to file a "motion to enforce possession and access" and it should include at least the following information:
1. identify the provision of the order allegedly violated and sought to be enforced;
2. state the manner of the respondent’s alleged noncompliance;
3. state the relief requested by the movant; and
4. contain the signature of the movant or the movant’s attorney.
JA experts are not permitted to have outside communications with JA customers. However, you may be able to find a family law attorney to assist you in your area by going to www.lawyers.com or www.martindale.com.
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Civil Law - 13+ years
Thanks for your reply...I will talk to my attorney to see that I gain posession as requested by the decree. Thanks again
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