Legal Question in Family Law in California

Failure to obey a Judges court order in a Child's Visitation Order?

My Son went to get a restraining order on the Mother of his child because she tried to beat him and was turned down. She comes in two days later and the court grants her a restraining order. The two appear in court to settle the order and get the visitation set up for the Daughter because the Mother refuses to let him see her because he has a girlfriend and she doesn't want the child around her. The Judge ordered both to stay away from each other. Judge set up visitation for my Son on Sat 9am to 6pm. My Son and the Mother can only talk to each other 2 times a week. She calls 6-9 times a week on a restricted line. My Son calls her for the visitation and she keeps saying the Daughter is Sick with a 100deg fever. The court wont respond to my phone calls about her actions. Our attorney finally got something in writing for this matter but she still wont let my Son see his Daughter. We dont know where the child is being sent to during the day for day care. She is determined to keep my son from seeing his daughter for the next 8 weeks, that is the date of the next hearing. What rights do we have? Can we do anything to get this Judge to rule on her not abiding to the court order?


Asked on 10/01/05, 12:42 pm

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Failure to obey a Judges court order in a Child's Visitation Order?

Bottom line the mother is in contempt of Court. You son needs to file an OSC to have the Court hear your issue. You cannot just call the the Court, it does not work that way. I suggest getting a lawyer if you do not already have one.

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Answered on 10/01/05, 1:33 pm


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