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My ex wife won’t let me see my children (they live in VA and…

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My ex wife won’t...

My ex wife won’t let me see my children (they live in VA and I live in Florida) - I was suppose to meet her half way )South if the border) today to have them for spring break and she sent the following - I haven’t spoken on the phone with my daughters (10 and 12) in weeks, although we Skype (no way to tell if this is really them

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No - however at the end of last year she motioned to have the venue changed from FL to VA which was approved After meeting with our family counselor this evening and careful consideration, I believe it is in the best interest that we put plans on hold until I meet with my legal counsel to discuss any future dates for the girls to visit. I understand that this might not sit well with you, however, in light of our recent conversations, our family counselor believes it's in both of the girls best interest. I'll be in contact with further information but at this time, we will not plan to meet this weekend

Lawyer's Assistant: Family law varies by state. What state are you in?

I am in Florida - my ex and daughters live in Virginia. At the end of last year, my ex wife filed for a change in venue from fL to VA which was approved

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Many websites and other people fixing advise say to call the police so that it is documented - not that they can physically do anything. I’m assuming I call the police in VA - not in Florida where I am located. If this is a viable option. I usually just hope things don’t come to this but enough is enough - she doesn’t think there are consequences - she just thinks she has all the day. Tried many times to resolve - at whits end

Submitted: 3 months ago.Category: Family Law
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Answered in 2 minutes by:
3/31/2018
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
Verified

you, but you will be live on the phone with me in about 30 minutes.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 3 months ago
The message I typed seems a little jumbled- however, my ex wife won’t let me see my daughters - I received this message from her eveniugh we were suppose to meet today for my visitation which is documented in the divorce decree. She pulls this all the time and I now want to seek legal action. What should I do today (call the cops so that it is documented?) and then I need to file something in the courts to hold her in contempt, correct? I’ve done a lot of reading and things have not gotten any better with her. She used to live in Florida and visitation was great but now that she moved my daughters to VA over 2 years ago and is remarried - I almost never see them. She doesn’t work and my child support is current and has never been late.
Customer reply replied 3 months ago
This was her message. After meeting with our family counselor this evening and careful consideration, I believe it is in the best interest that we put plans on hold until I meet with my legal counsel to discuss any future dates for the girls to visit. I understand that this might not sit well with you, however, in light of our recent conversations, our family counselor believes it's in both of the girls best interest. I'll be in contact with further information but at this time, we will not plan to meet this weekend
Customer reply replied 3 months ago
I don’t believe that she will contact or has contacted an attorney as she doesn’t work and her new husband doesn’t make very much - I think she is just being difficult as usual, she has also been telling the girls things about me that are not true, it’s gotten to the point where action needs to be taken - just not sure of the first step
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. You may need to file an emergency (often called "ex parte") contempt charge. Generally, the law prohibits a parent from interfering with the rights of a parent to see and contact their children. If you aren't otherwise abusive and if you're on time with your child support, then it is probable that a judge would order to follow the rules of the custody order.

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Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Contempt of court occurs when there has been a valid court order entered, but a party is not complying with the order in some material way. A contempt proceeding is not to be ta***** *****ghtly. It is a quasi-criminal proceeding with a formal hearing, the taking of evidence and examination of witnesses. The accused may also have the right to be appointed an attorney by the Court. Usually, the court has forms that you can use to fill out. They are going to be specific to your state or even to your county, so be sure that you ask the court clerk (typically on the 1st floor) what forms you need if you cannot find the forms on the court’s website.

The court may decide that the other party is or isn’t in violation of the court order. If they are in violation, then the court may issue fines, and in very serious cases, they will issue jail time (usually for multiple violations). The party that is requesting the motion will have to provide the facts and possibly present witnesses to prove the case, but if they can prove it, they can usually find justice in that way.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 3 months ago
Should I call the cops, I’m assuming in VIrginia (non-emergency number) today to have this documented.....I have read this in numerous places online and want to know if you agreed I should do this..If you have a court order stating that you have visitation with your son/daughter for that time, simply call the police. The police will come and fill out a police report to ensure that you have a record of the “Visitation Interference.” Child custody and visitation are civil matters, and as such, the police will not remove your child from their mother, even with court ordered visitation time, unless there is a threat of imminent danger to the child. Then notify your attorney that you did not get visitation and check the statute in your state. Some states make “Visitation Interference” a crime punishable by fine and/or jail time.
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

If you feel like the kids are in immediate danger, then yes, call the cops. Otherwise, don't because it may make things worse. Regardless, if you call the sheriff's department, they are often better adept at handling these child custody situations. I would also recommend notifying your attorney, if you have one, after that so they can see if there is a criminal issue that can be referred to the district attorney. This is in addition to filing your request to hold the mom in contempt.

How else can I help you today?

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Customer reply replied 3 months ago
8220;Worse” as in my ex wife will make things more difficult?
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Perhaps. Sometimes, the party upon whom the police were called may say that you're doing things to the kids or are abusive or something. I don' know your ex-wife so I couldn't tell you for sure, but my recommendation is to just be cautious if exercising that option.

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Customer reply replied 3 months ago
One last question - the divorce decree which speaks to child custody would technically be the court order here that is not being followed, correct?
Customer reply replied 3 months ago
Or would there be something in addition to this? Bc this is all I have.
Family Lawyer: Legal Eagle, Lawyer replied 3 months ago

Absolutely. That's the thing that is not being followed and would give the court authority to hold her in contempt if she doesn't follow it.

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