The answer depends on the type of court application your ex could potentially start: in other words, your life after divorce can be a lot like the process that took place during the divorce if you`re trying to enforce or change your orders, so be prepared for another round or two in family court, if there are problems on the road. See Abuse and harassment by the YWCA for more examples of harassment by the courts or the justice system. For example, if your ex-spouse was required to pay credit card debt but opted instead for a Vacation in Las Vegas, you could sue him for a contempt hearing. Many people have had the experience of going to court to resolve financial issues or to obtain or respond to an order to agree on a child or a specific request for an order. Most never want to repeat the experience because of the emotional and financial costs associated with a family law proceeding. They want to know if there is anything they can do to prevent their ex from suing them. Another reason you may end up before a family court judge is to change an existing court order, although you can pursue this independently, this is the time when the majority of people turn to a lawyer for help. Your lawyer can file the appropriate documents with the court, make a strong case for you, and require the court to enforce the visitation order. If someone is harassing you in this way, contact the court and tell them: If your ex-partner is not willing to communicate civilly or if you do not reach a joint settlement, you may need to take legal action and seek help from the court. If you`re tracking your communications, as well as any data you`ve been denied a visit, this can be useful information for your lawyer as you build your case. As with most family law issues, communication is essential.
Often, the first step to resolving visiting conflicts is to try to talk to your ex in a calm and logical way. While you may have already tried this method, it never hurts to try again. This can save you from having to go to court or your child from other negative effects. Most of the harassment takes place in private, so you probably won`t have witnesses who can support your side of the story in court. Let`s say your order of visit says the child should be returned to your ex on Sunday by “dinner.” In your eyes, it may mean 6:30 p.m., but your ex keeps it at 5:00 p.m. As a result, your ex decides not to let you go for the day because he believes you are always late to be dropped off. Here, “dinner” is a vague phrase that could easily be resolved by a court order with some time. While you may think that a case is over when the parties are divorced, the reality is that one day you may be back in court. If this is a way you are considering, your lawyer can explain the child custody review process and guide you through the process. The court aims to protect the best interests of the child so that any major negative or unhealthy changes in the child`s life with the custodial parent can indicate a need for change. One of the reasons you might end up in court again would be non-compliance.
If your ex doesn`t know these options or thinks you`re faltering, it`s likely that he`ll want to take legal action. Once a court application has been filed, it can be difficult to convince an ex to stop a court case to mediate or negotiate while you are in the middle of the court case. That`s why it`s best to have a proactive family law lawyer by your side for: One way to solve this problem and prevent your ex from preventing you from spending time with your child is to file a request for a change of visitation in court. By going through the court system to make this change, the new visiting schedule in the order becomes legally binding and protects your visitation rights. For some ex-spouses, their “final divorce hearing” is just the beginning of a long journey before the divorce court; which can be challenging, rewarding, or sometimes both. If your ex-spouse is still unwilling to work with you to reach an agreement and refuses your access, it may be time to contact the court system to enforce the visitation order. Because a court visit order is legally binding, the court can hold your ex accountable for the violations. Sometimes a child may say they don`t want to visit you, the parent who doesn`t have custody.
However, this does not invalidate the access order, as the court granted the visitation after assessing the best interests of the child. When you break up with a partner or get divorced, people often assume that the only way to resolve custody of the children and get in touch or ensure a fair financial settlement is to take legal action. You may know better and understand that there are alternatives to a court application, for example: If the other person does not do what the judge tells them to do and believes they will not comply with another court order, the court can order the other person to go to jail for up to 30 days. Sometimes the problems of visiting children arise from the original order of visit itself. Asking the court to clarify or resolve the problematic terms of the custody order can be beneficial. This way, you and your ex-partner can have a clear understanding of your visiting schedule. Not seeing your child can be heartbreaking and frustrating, especially if your ex is preventing you from spending time with your child.