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In the state of CT how does a parent have to wait for their…

Customer Question
Hi In the state...

Hi In the state of CT how long does a parent have to wait for their child after their co-parent visitation is over, for an example the visitation is 9a to 6pm, how long after that and what can we do about it?....Mike

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

Yes, he has court ordered visitation today from 9a to 6p and he just texted stating that he is not bringing them back until 8 or 830p and if I don't like it to take it up with my lawyer.

Lawyer's Assistant: Have you talked to a lawyer about this yet?

We just emailed our lawyer but she might not respond today

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

Yeah, he has done this in the past as well, we asked the police and they told us numerous times that it's a civil matter and they don't want to get involved.

Submitted: 3 months ago.Category: Family Law
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Answered in 11 minutes by:
4/1/2018
Family Lawyer: Sean K, Family Law Attorney replied 3 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. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Unfortunately many parents see fit to disregard the parameters of a Court ordered visitation schedule. Fortunately there is a way for you to hold his feet to the fire.

Now, my belief is that police are largely a waste of time as they will not enforce a Court order nor will they do anything to rectify the problem.

That being said, Family Courts will enforce orders. The key is to use a person's choice to violate an order against them to build your case.

I would suggest the following.

-A text or email to them with a copy of the order (even a pic of the page) where they are to return by 600 pm.

-Ask them to confirm that they will follow the order as written.

-If they responds that they will, all the better as the problem is solved. If they say otherwise, you have their words to use against them. If they does not respond, text once again and say that you will understand their silence to be confirmation that they are disregarding the Court order.

-From there, the next thing to do will be when they do return your child from visitation to document the exact time that the return happens. Text them confirmation of the time so there they know you have kept track of the time.

-Then, when you do speak to your lawyer, the request should be for an Order to Show Cause which is a hearing that is set pretty quickly where you ask the Court to punish them for violating the Order, the Court can punish them and require them to pay your attorneys fees.

The main thing to do is to work as best you can to get evidence for this hearing today. Don't argue with them, don't blow up their phone beyond that above and if they rant or anything, let them.

It is frustrating when this happens, but usually a person will make your case against them if you use an approach like above and it may not be a result today, but the price will be large for them and if they do it again, another Order to Show Cause and another problem for them.

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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Category: Family Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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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