I am very sorry that she is doing this to you and I know that you are hurting over this but what she doesn't realize is she is hurting your children the most. Now the Friend of the Court will tell you that what she is doing has nothing to do with you paying your child support. Look on your court papers and see what the judge ordered because she can't not stop you from taking your children as long as you pick them up and bring them back at there scheduled time. If she tells you that she is going to call the Police tell her go ahead I have my court papers next to me and they can read them. As a matter of fact when you pick your kids up go to the police station that she would be contacting and tell them the situation and let them see the court papers. Legally they can not stop you from seeing your children if the court paper states that you have parenting time with them. Now I know in the state I live in it cost a lot of money to go through all of these motions so do what the first person that wrote you told you to do. Believe me until I came along my husband knew nothing about what to do and never fought his ex-girlfriend he just let her
Go on and on taking him to court. But when I got into the picture I stopped all of that
And kept telling him that he should not let her get away with the things that she was putting him through. But see there is a difference between our cases I knew his ex- girl friend and at one point we were best friends. So I hope everything works out for you and your children. God bless and go luck.
Go to the court house and file for Contempt. Sometimes just by filing, it may scare her into letting you see your son. But have it go to court. Make sure you have documentation of all the times you've tried to see him and what the outcome was. Show up when you are suppose to pick him up. If she does not let you see or take him, call the police. (Bring your court papers that state your custody agreement) Don't make a BIG deal out of it, so as to upset your son, but have the police officer document that you were there and tried. But file the contempt right away. Otherwise, it could go on for months or even years (like in my case).
Documentation is the key.
I'm not a lawyer. I'm speaking from years and years of experience. Best of luck to you!
Child support and visitation rights are two totally separate subjects in the courts eyes!
It sounds like you already have a visitation agreement in your divorce decree. If you feel that she is not adhering to the courts deicison, you will need to file an amendment to the divorce decree/visitation. I do not believe that it is costly to file an amendment. This is something you can do on your own, and represent yourself. Make sure you have documentation of the missed time, and witnesses. You might want to immediately ask the judge for a guardian ad litem for the children to make sure that their best interests are looked after.
Just remember ... Whatever you do... It needs to be done for the best interest of your children in a manner that will not cause undue stress for them.
If I am not mistaken, she is in violation of the divorce papers, as long as your papers state when you should have visitation (ie: Every other weekend, 1 night during the week for dinner), then you might be able to talk with the local police station & ask if it would be considered kidnapping at that point, if she is not showing up when it is your time to be with the kid(s)..
You need to get an attorney go back to court and have her locked up for disobeying the law and while she is locked up get full custody since she won"t to be an ass hole.
I know how you feel, going through the same thing, but there isn't a divorce yet. A divorce is a civil matter, and therefore you can go to the courthouse and get the paperwork to file a motion with the court to settle the matter. There is also a piece of paper called an "exemption from filing fees". This asks the judge to waive the fee of the court costs because you can't afford to pay it, it will then be told to you if it was exempted and you can proceed to a hearing from there, hope this helps.
Well I'm going though it now and I don't know were to go for help not like I got money to get an attorney I have made 3 cases with the police on her not letting me have them on my time she always the month of july is my time as well I think ill go kidnap them just so I can have them I live in tx she always moves and never informs them I find them months later help me please