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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My ex wife is not complying with the visitation orders given

Customer Question

My ex wife is not complying with the visitation orders given by the court. I have been paying my child support on time since our divorce. A few months after the divorce she took my son away from me for more than a year. I did as much as I could to find her, I even hired an attorney and it took him four months to find her. We went to court but nothing was done to her because the judge said she didn't have a lawyer representing her. I've been trying to pick him up like the order says and she is still giving me a hard time. She says that my son cries to much therefore she does not want him to come w/me. But my son cries because she took him away from me for over a year therefore I'm like a stranger to him. She is now telling me my son is not mine and that I'm so stupid not to have known that. Today I was served w/some paper that state I can't see my son due to really bad accussations she's making about my wife's kids which are all a lie. Please help me and guiddfe me.
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.

Dear JACUSTOMER - Your only option is to file a motion for contempt of court for violation of the visitation order. These are tough cases, especially if the judge will not impose any penalty upon her. I find it difficult to believe that she can get out of her responsibility just because she doesn't have an attorney.


Talking to her is not going to get you anywhere based on her past actions so you need to have the court get tough and impose penalties. This is the whole point of having a court order and the only one who can enforce a court order is the court. I have no idea what the papers you were served with today are concerning but you certainly will have an opportunity to contest the matter in court.


Dave Kennett

Customer: replied 7 years ago.

The papers I was served with state that my son told his teacher and his counselor that he has been touched by his two stepbrothers. She is accusing my wife's kid but my wife's kids go with their dad for the weekend two hours after I pick my son up. He has had little interaction with my stepkids and the only times my son wants to come with me is only when my wife's kids are with me when I go pick him up. He tells his mom he enjoys spending time with my wife's kids and my ex wife has even suggested for me to have my wife's kids when I go pick my son up so he wont cry alot. What she's not telling the court is that my son has two step brother that are her husband's kids and those kids do spend the weekends with my son. Now, she will do anything to stop me from seeing my son because she is now admitting she had been seen her husband ever since we were together and she's sure that my son is not mine and her husband doesn't want me to see (his word)"his son" and for me to stop saying he's mine.

Expert:  Dave Kennett replied 7 years ago.

All you can do is present your facts to the court. It sounds like the wrong step brothers are being accused so you need to make your case to the court. You have a right to visit and at the very least you can ask for supervised visitation since it is not you who is being accused of any wrongdoing.