You call on Friday and say you will be there at 6:00 p.m. to pick up your kids, but your ex says you cannot have them. You argue, perhaps text back and forth, and ultimately you do not go to pick up your kids because your ex said no. This happens every time it is your time to see your kids. Does that sound like you?

After a few times of this you call an attorney only they tell you that they cannot help you just yet. You are frustrated. You want to see your kids and the attorney says he/she cannot help you until you do a few more things. So let’s eliminate the frustration with this article.

1. Your Court Order MUST be followed exactly!

If the Order is not followed by you perfectly then the attorney cannot succeed in enforcing the Order. In my example on the first paragraph of this article what you did not do is actually show up to pick up your kids. Assuming your Court Order says you see your kids on that particular Friday at 6:00 p.m. you have to go to the location in the Order and attempt to get your kids. It does not matter if your ex says they will not be there, you still must go. You also must be there exactly at 6:00 p.m.

2. You need proof you followed the order

I usually advise people to take a picture of themselves at the time they arrive. Then if they are not allowed to have their kids to take another picture of themselves 30 minutes later at the same location showing that they waited 30 minutes and are now leaving without their children. The pictures show that you attempted to follow the order.

3. At least 3 instances

Yes, you can enforce after the first denial, but it is better to show a pattern of being denied visitation with your children. Having at least 3 instances of denial of visitation will show the Judge that if the Judge does not intervene there is likely to be continued denials of visitation.

My next post will talk about what are the remedies when one parent has denied visitation to another parent.

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