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I am a grandparent and I have legal joint custody with my…

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I am a grandparent and...
I am a grandparent and I have legal joint custody with my daughter. The other grandparents have court ordered visitation every other weekend. My grandchildren are being hurt Physically and Mentally every time they go to visitations. The last Weekend visits my 19 month old granddaughter had been sexually messed with. I had reported other incidents to the social services even one that my 3 year old grandson came back from a visit and put a play gun to his mouth and told me to pull the trigger. I am filing to have the visits stopped and the court date is in a couple of weeks, but can I decide not to send them until the court date? I am scared if I send them that it could be a lot worse next time. If the social services would do their job it also would be different, I don't know what to do. Please Help.
Submitted: 4 months ago.Category: Family Law
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Answered in 9 minutes by:
3/9/2018
Family Lawyer: Sean K, Family Law Attorney replied 4 months ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 866
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources.

I am sorry to hear that you are experiencing these issues.

To directly answer your question, I never counsel any of the people I work with to knowingly violate a Court Order. Judges expect their orders to be followed and if they are not, then sometimes the issue can become not that children were put in harms way, but that the order was not adhered to.

This puts you in a difficult situation especially when law enforcement and social services don't do what they should.

However, there is a recognized procedure for addressing emergency situations like this by providing a way for a person to obtain a limited court order that will prohibit the visitation from occurring until the Court hears from everyone.

This is called Ex Parte application. In this type of application, an action is filed but as part of it a request is made that, because things are so bad an immediate order needs to be entered keeping the visitation from happening. This can even be done without the other side being present or knowing about the filing with the Court. Once the Order is approved by the Court and signed, it is delivered to the other side and it is in place until a hearing can be held to determine the next step.

That having been said, the form for this application is very specific and I always encourage people to seek the assistance of an attorney.

So while it is likely not best that you violate an order with the proper application to the Court you will not have to violate an order because you will have one prohibiting the visitation and protecting the children.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Sean K
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Category: Family Law
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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