Legal Question in Family Law in Virginia

I have an question to ask. I went to court the other day about my son's Chins Case for not going to school and I had a protection order against me and that has been drop. So my wife and I are having a divorce and the JDR Courts has w/drawn/case pending in circuit court for visitation.

What I have on the paper on the Property and Settlement agreement is saying: Husband shall have visitation with the parties' child Jamie as recommended by Jamie's counselor. My question is this as long as I let the counselor know about this then I should be able to have my son overnight correct. I have gotten two emails from my wife lawyer and the lawyer of the child GAL and this is what they are saying. I would like to know how is right and who is wrong because I would like to have my son to stay overnight. So here is what the Gal sent back to me today.

Judge Somerville simply ended the juvenile court cases, with reference to

the temporary order from the Circuit Court. Under the terms of the

Settlement Agreement, you have visitation as recommended by Jamie's

counselor. Have you talked to Patrick about overnights? In reviewing the

Agreement, there is no specific language about overnights.

Here is the email that my wife sent to me from her lawyer saying

Judge Somerville said Jamie’s visitation was to be supervised by Patrick and as deemed appropriate by Patrick. John cannot just unilaterally take Jamie for visitation.

So I would like to have someone to explain this to me please I think I understand what the GAL is saying that as long as I get in touch with the counselor then I can have my son without supervised without him being there with me. also I just find a email from the counselor boss that she got from the GAL about this and this is what he told her but I guess after looking back at the papers that he respond back to the correct information.

Rather than having Patrick actually dictating the visits, as Mr. Willis had initially suggested, the order allows Father visitation at such times as Patrick is present. Father understands this condition may limit his visitation, but was willing to accept it; he actually did not ask for unsupervised visitation. Such an arrangement will allow Jamie to work through his issues with Dad, without putting unnecessary pressure on Patrick.

I hope that explanation helps.

So if I can have this clear up by someone please so I can have ideal on what to look for if I can have him but I have to go threw the counselor first.

Asked on 7/21/13, 10:31 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
0 users found helpful
0 attorneys agreed

No, you are very unlikely (in my opinion) to have this apparently detailed and convoluted matter "cleared up by (any)one" in this particular forum and (believe it or not) may well have to hire your own attorney to resolve not only your issues regarding visitation but also other matters that are referenced in your Property Settlement Agreement (PSA).

Read more
7/21/13, 12:32 pm

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