QUESTION
Is it criminal to intentionally ignore a judges orders to MAINTAIN Visitation with the Non-Custodial Parent?
Asked on May 04th, 2020 on Family Law - Florida
More details to this question:
Child dependency case ended with my parental rights intact and instructions to continue visitation as ordered and to continue my case plan with the permanency goal being continued and unaltered. Reunification with me. They closed the case without terminating my parental rights and the JUDGES orders were to continue with visitation as previously directed in our case plan. ( 4 days MINIMUM with a week supervised with me) I have the case plan documentation from court and i also have the documentation of the finale judgments and court hearing. The father of my son is now MIA and i haven't seen my son in 4-5 months. I called the police and they stated the father claims the judge said if i don't comply with the case plan then he therefore no longer has to comply. I've been complying. But i have the documents and it doesn't state anywhere in them that he even has that option. I went to DCF and they told me that they don't deal with anything like this. By law isn't this ParentalnKidnapping??
1 ANSWER
Family Law Attorney serving Coral Gables, FL
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David B. Mitchell, P.A.
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I am assuming your recitation of the facts and the terms of the court order are accurate. To answer your question, no, the father’s actions are not ‘parental kidnapping’ but may be a clear violation of the judge’s order restoring your supervised timesharing. I would recommend you return to court on a motion to compel compliance with the court’s order. If the facts are as stated, the court will order the father to deliver the child for supervised timesharing and perhaps award you some additional timesharing for the lost days you have experienced with your child. Good luck.
Answered on May 05th, 2020 at 8:10 AM