Saturday, March 15, 2014

If i file a violation petition for enforcement of a visitation order could it be thrown out?

Q:  I have many dates times police reports of my kids being with held physically and on the phone. I've had many times of not communicating with my ex because she does not care to call me to tell me about my kids doctors appts. All these are violations on our agreement and i hve it all typed up- my only concern is will the judge see it all as he said she said ( cuz i know she will deny everything like always) or does he just tell us to get along? Is there any real enforcement? I want to know what may happen hypothetically with this little info given. Please dont tell me to hire a lawyer as which ican not or i wouldn't be on here...

A:  David's Answer:  You are best advised to keep a paper-trail with the other parent - meaning when you believe there's been a violation, write an e-mail or letter capturing your side of things & offer that s/he get back to you with their side of things. This looks better than your printout, which may indeed result in a he-said-she-said, simply because what's written is exactly what you can tell the Judge orally anyway. Schedule a consult with a Family Law attorney in your area.  -- David Bliven, Westchester Family Law attorney (     

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