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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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How can I get the police to enforce the court order for visitation

Resolved Question:

How can I get the police to enforce the court order for visitation based on Interfering with Custody? The father has refused to return the child
Submitted: 5 years ago.
Category: Family Law
Expert:  legaleagle replied 5 years ago.

Thank you for contacting JustAnswer.com with your question. I will provide legal information related to your question.

 

Unfortunately it is up to the individual officer or their employer as to if they will help you. Most police agencies will not get involved unless you go back to court and get a specific police department named in the order with authority and the obligation to enforce the order if one of the parties is violating it. For now, if no office will help, you will have to file a motion to compel the parent to return the child or be put in prison for being in contempt.

Customer: replied 5 years ago.
Can you elaborate on the Indiana Code Interfering With Custody? An officer would not intervent due to one of the lines that states, (c) With respect to a violation of this section, a court may consider as a mitigating circumstance the accused person's return of the other person in accordance with the child custody order or parenting time order within seven (7) days after the removal? The code is 35-42-3
Expert:  legaleagle replied 5 years ago.
Basically if the parent returns the child to you within 7 days of when they were required to, ie no more than 7 days late, that can be taken into consideration and a court may not convict if the parent does this. So maybe the officer will only be willing to arrest when the child has been detained illegally for more than 7 days past the time the order required the child to be returned. It may be something the DA requires because they do not want to go to trial just to have a court throw it out if the interference was less than 7 days.
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