Am I required to send my kids to Thailand for visitation with their father?
03/23/2009 - Category:Divorce - Child Custody - State: CA #15735
Full Question:
I have primary custody of our 2 boys, ages 10 and 11. Their father was granted 1 weekend monthly and summers. He has since moved out of the area. Now, he has resided in Thailand for months. He hasn't seen the boys since August 08. He habitually hasn't shown up for his allotted visits over the years. He says he is taking them this summer. I am afraid for him to take them. He is asking for their passports and I do not want them to leave the country. In the past, he was addicted to drugs and probably still is. He doesn't work; has always claimed one medical disability or the other and is now on Social Security. Do I have any legal recourse to prevent him from taking them to Thailand this summer? Would it be possible to cite his inconsistency in taking them as granted? He has always favored the older and is not good at all to the younger, who doesn't even want to go with him. The older will say he wants to go, because his father plays on his sympathy. He has claimed back problems, heart, etc. Pays minimum support and not as agreed.
Answer:
If a parent denies court ordered visitation, it is possible to bring a petition in court to find the denying party in contempt. In some cases, criminal charges of interference with custody may apply. It is possible to petition for a change of custody when a significant change of circumstances may be proven. The court may grant such a motion if it is determined to be in the child's best interests, taking all the facts and circumstances into account.
A show cause order is a court order directing a person to appear and bring forth any evidence as to why the remedies stated in the order should not be confirmed or executed. A show cause order is usually based on a motion and affidavit asking for relief. If the defending party fails to file an answer, an order of contempt may be issued automatically. The answer may state any defenses, such as inaccuracy of the claims, failure to follow legal procedures, etc.
Generally, there are five elements required for a finding of civil contempt:
-continuing personal and subject matter jurisdiction in the tribunal that is holding the show cause hearing;
-the existence of a valid support order;
-knowledge of the order by the noncustodial parent;
-ability of the noncustodial parent to comply; and willful noncompliance by the noncustodial parent
A modification of support can be requested if there has been a significant change in the circumstances of your case. For example, if there has been a significant change such as the income of the non-custodial parent, the availability of health insurance or custody has changed, a modification review can be requested.
Please see the information at the following links:
http://definitions.uslegal.com/m/modification-of-divorce-decree/
http://definitions.uslegal.com/c/child-custody-and-support/
http://definitions.uslegal.com/i/interference-with-custody/
http://definitions.uslegal.com/c/contempt/
http://lawdigest.uslegal.com/family-laws/child-custody/
http://definitions.uslegal.com/p/primary-custody/
http://definitions.uslegal.com/u/unfit-parent/
Please see the forms at the following links:
http://www.uslegalforms.com/us/US-00936.htm
http://www.uslegalforms.com/us/US-MOT-01409.htm
http://www.uslegalforms.com/us/US-01219BG.htm
03/23/2009 - Category: Child Custody - State: CA #15735
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