When I first practiced law, I had two child-snatching cases. I had to get some type of order ordering the police to put the missing child into the national missing person database.
Here is a motion and order for something entirely different. Revise it so that it does what you need.
OK, first pull out your file of documents and find the most recent order or motion.
What you're going to do is write a Motion to Modify Visitation (or, in your case, you could even call it something like a Motion to Stop Visitation).
Come up with a form that looks somewhat similar to your previous documents - especially if you have one written by an attorney. The format is not that important, but do try to leave at least 4 inches on the top of the first page, and one inch margins all around. You can write it by hand if you need to, but print neatly.
Now, in your motion, you'd say something like this:
[YOUR FULL NAME] moves this court for an order [modifying or stopping or whatever is most appropriate] [your ex's name] visitation. This motion is based on the following declaration [and any exhibits you may have, IF you have any evidence to present to the court].
- 1. I, [YOUR FULL NAME] am over 18 years old and otherwise competent to testify.
- 2. My ex-husband [name] has had visitation with my daughter [Date of Birth and initials, or name if that's allowed in your state] since [date).
- 3. The court ordered this visitation on [date] when my daughter was [number] years old.
- 4. However, my daughter has told me repeatedly that she does not want to visit her father anymore because [provide reason].
- 5. In particular, my ex-husband wants to take my daughter away for the weekend in August, and my daughter does not want to go.
- 6. Anything else you may want to say that would be important for the court to know.
The above statement is true and complete to the best of my knowledge and belief.
Signed Month, Date in [name of city], [state].
[YOUR PRINTED NAME]
Now, take this motion and any attached exhibits and make three or four copies (I always make extras). Mark the original as "original" (preferably in red) and mark the copies as "copy" (any color).
Go to the court with your calendar and cash, in case there is a charge and they don't take checks or charge cards. Take the original and copies, of course. (If you are far away, you'll have to call them and ask how to do this by mail) and get the clerk of the court to help you set up a hearing date and time for the court to consider your motion. Ask the court clerk if you need to provide the judge with a "bench copy," and, if so, ask for the local instructions.
Now, mail a copy of both the notice of the hearing AND the motion with any attachments to the "other side." This will be an attorney if your ex is still represented. Otherwise, just mail it to your ex. It's safest to mail this to your ex by certified/return receipt mail so that you have a paper trail that you mailed it. You can even photocopy the envelope before mailing it, just in case there's any doubt raised by the judge if your ex doesn't attend the hearing.
Then, of course, be sure to attend the hearing and present your case.
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