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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Hello. I just received a notice of hearing for enforcement

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Hello. I just received a notice of hearing for enforcement of child possession or visitation. My ex-husband is filing as pro-se. I don't understand because the Divorce decree clearly stats that I have possession. I surrender the children anytime he requests and have never denied him access and/or forced/threatened him when he could not get them. However he got angry when I would not meet him at a spot of his choosing a little over a month ago after he has been picking them up from my residence for years. I think his issue is that he wants me to meet him at a location but I refused. The standard possession order states that he is responsible for picking them up and dropping them back off at my residence, and again the motion is to enforce not modify. Do i have any recourse?

I suggest that you will need to go to the hearing and you will need to produce as much evidence as possible to show that you are not violating the Order of visitation nor are you doing anything to interfere with his visits

I suggest if you have not already, begin a Visitation journal. Try to recall each time he has arrived as scheduled to get the children and that it has occurred without incident.

Do it by date, by date -

Then when you get to the date where he wanted you to meet him and you declined mark that

And that will be the reason he has filed this Motion to Enforce. I further suggest that you can certainly use your current order where he is to pick up and drop off as your reason.

You have been in compliance and that it was his own actions that stopped the visit that day

That is your recourse.

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Thank You and good luck with everything
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