I have court order and took officer with me to get my son.what exactly can an officer do

Brooke - posted on 12/16/2013 ( 3 moms have responded )

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Hi I went to go get my son amd had an officer meet me their well he said the only way I wouldnt be able to leave with my son is if my son didnt want to go with me.well my son did want to go with me but his father wouldnt let him out of the house and the officer said he couldnt do anythin about it.i would have to go back to court and he gave me an incident report that would show he refused our visit and he could get introuble for that but is their anything I can do until we have our court date.i was thinkin maybe I could get him from school on my week that im supposed to have him.but dont know if I can get introuble for thst .so please give me any advice so maybe I can see my baby sooner im going crazy without him.thanks so much everyone

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LalaBoom - posted on 12/19/2013

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Your son cannot "choose" to attend or miss visitations. That's what court orders are there for to protect the child and his/her relationship with each parent. When it comes to custody cases (i.e., civil cases), Amy is right, the police prefer not to get involved. Not that they can't, they just won't. In the meantime, your best bet is to file incident reports, bring an officer, and keep records.

It seems in your case, father is custodial parent. Did he cite any reasons for not allowing your court-ordered visitation? This will have major bearing on how the judge responds to his contempt.

If nothing in the court-order bars you from your son's school, then you cannot get into trouble for picking up your son up from school during YOUR court-ordered week with him. Hell, you can even visit him during recess! This will peeve the other parent, but not create a legal problem for you.

Continue to pick up your son from visits and make an incident report everytime he blocks visitation. Make calls to your son and record if that is blocked as well. When your court date arrives, make it a point to SHOW, not tell, SHOW the judge with all your records how the custodial parent is blocking your visits and attempting to alieanate your son from you without any basis.

Words of warning: If this is a first-time occurrence, then I suggest you keep the records, but let it go. Judges get really annoyed with parents who file complaints based on one incidient. His blocking visitations has to amount to a significant problem where court intervention is needed. Another thing, the judge will look at whether you tried to solve the matter between you and him outside of court first. So make sure you EMAIL the other parent requesting an explanation for the blocked visit. Keep it busniess-like, to the point, and aggression-free.

Good luck hun!

Amy - posted on 12/18/2013

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Child custody is a civil matter which is why the police don't want to get involved it's not a criminal matter. But like Michelle said you would be better asking an attorney if you can pick your son up from school, I would personally try to leave the school out of it but can't imagine what you are going through right now.

Michelle - posted on 12/17/2013

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You would be better to ask your lawyer. Any advice given here may not be correct and could get you in trouble.

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