QUESTION
If I do not allow my daughter to go with her father for the night as per our court order, will this work against my case when we go to court in 3 days
Asked on Nov 10th, 2014 on Family Law - New Jersey
More details to this question:
I am the custodial parent and my ex husband the non custodial. Our parenting time order says that he should have her tonight and tomorrow; however, over the last couple months his behavior has become increasingly unpredictable, aggressive, and hostile. Last week, he took my daughter from school while I was at work, without my knowledge or consent, at a time when he was not supposed to have her. He then refused to bring her home or release her to me. I since have gotten her back but am afraid to hand her over today because of what happened last week. We have a court date in three days to address the custody issue and the many times he has violated our civil order. My question is, if I do not allow this visit to occur, will it hurt my case when I present his violations in court?
1 ANSWER
2 Awards
i think at this point, because of what he did, and because the hearing is coming up so soon, you will be able to provide an explanation as to why you did not abide by the visitation agreement, that there were extenuating circumstances. But do it in such a way as to acknowledge that there is an agreement in place, and that you should have followed it but for the fear that he would again take her and not return her.
Answered on Nov 11th, 2014 at 12:24 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship