QUESTION
Is this custodial interference or just contempt of court order?
Asked on Sep 22nd, 2013 on Child Custody - Arizona
More details to this question:
I have a court order that states specifically when I can have parenting time with our child. I am the non residential parent. The order has been in effect for 3 years with only minor problems. Now the residential parent has completely stopped all visitation and will not allow it to begin again unless I provide him with a business contract that has nothing to do with me. I cannot legally get it either. The contempt hearing is not for 3 months. How can I see our child before then?
6 ANSWERS
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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Let me guess, the reason that the contempt hearing is scheduled three months away because your ex-husband has a lawyer who said his/her "busy schedule" had no openings until three months away. It is outrageous to scheduled for hearing a motion for contempt based upon a claim of denied parent time. That simply feeds into the denial of parent time for another three months.
Answered on Sep 24th, 2013 at 4:21 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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File a motion to enforce placement. In WI the court is supposed to get you in within 30 days.
Answered on Sep 23rd, 2013 at 3:19 PM
Bruce Provda
It would seem that the original order is still in effect however if you make a motion to enforce it that hearing may be just as far away. Ask your lawyer to notify the other parent that this order is still in effect and they need to abide by it until something changes in court.
Answered on Sep 23rd, 2013 at 2:51 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You need an attorney and could be filing for an immediate hearing. I agree with your assessment of this requirement to make amounts your visitation or parenting time makes no sense.
Answered on Sep 23rd, 2013 at 2:17 PM
Oklahoma, and perhaps other states as well, have an expedited process for a motion to compel visitation. The hearing is held within 21 days.
Answered on Sep 23rd, 2013 at 1:56 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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I would suggest doing a petition for temporary orders. The court should set a hearing within 30 days of the filing.
Answered on Sep 23rd, 2013 at 1:21 PM