Forums > Parents with Toddlersby: Autumn&Kaleb♥

what happens if the custodial parent violates court order?

posted 25th Nov
Hello ladies,
As much as I try to google this answer, all information is varying by situation and very vague, that I decided that before my boyfriend talks to his lawyer Wed, I would try to get some insight here   Any help is much appreciated

Ok, so my boyfriend has a long distance custody order in place for his 2 yr old daughter.
We live in Canada, they moved to Switzerland for only a few years.
He agreed (after much fighting, court fighting and promising and such)
She promised she would only be gone a few years for her boyfriend to finish school (hes a resident and schooling is free) she promised their daughter during that time would be getting the best education, and that learning two languages would be such a privilege for her then they would move back to canada.
in the court order they are to have 2 skype dates a week, he is allowed to call once a day, they have to come down once a year for a month where he gets his daughter (they cover costs, he pays for half her ticket in lieu of child support, which is only 600 bucks) she has to get the documents mirrored in switzerland (her covering all costs) she has to send emails of how their daughter is, she has to provide all medical and educational and any other info regarding the child, if she doesn't comply she is to cover all court costs AND most importantly she is not to come inbetween the father daughter realtionship, and in her writing "do whatever she can to preserve the bond"

WELL, she misses skype all the time. she never emails back. wont give my boyfriend any information. won't give him a phone number. won't mirror the court papers (they say they can't afford it) wont provide the school name or eye doctor name (she recently was diagnosed being cross eyed )
She recently emailed him saying she tough their daughter, alice, to call him Jon (his name) and not dad.
she wrote she doesn't know him as her dad anymore, so don't call yourself that to her, she thinks hes a friend of hers (the moms) and not to tell her otherwise.
When he talks to alice on skype, and refers to himself as dad, she stands there and points to her bf, and calls him jon. last week her bf was on skype and even though jon (dad) kept calling himself dad, the boyfriend would sit there and keep telling her its jon.

we meet with a lawyer this week. I know its a long shot b.c she has full custody, and I have no idea what to expect. I worry for everyone as I care about alice and my boyfriend very much, but I understand this isn't my daughter. I don't want to come between the mom and her daughter, but i know this isn't right. Anyone have any insight on what he could do? or no anyone else who violated court order what happened?
thank you!
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I have 2 kids & live in Ontario
posted 25th Nov
I have no idea but that is such a horrible thing the child's mother is doing   I'm sorry, I feel bad for your boyfriend & hopefully he can figure something out, that isn't fair.
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I have 1 child & live in California
posted 25th Nov
honestly... most of the time he's smurfed. she is in another country. To get into trouble.. she'd have to come back to the country the court papers are set up in.
quotesmurfs?
I have 4 kids & live in Georgia
posted 25th Nov
Here in the states, we live in NY when my friends and family have had issues like these where obligations were set in court like schedules, times, visits were violated everyone went back to court, the violations were brought before a judge and the judge decided if the arrangement needed to be changed.
When I read your post I got very angry. They sound like very selfish people. That's such a terribly mean thing to do to both your boyfriend and his daughter. I'm crossing my fingers you guys get the results you want and need from the courts!!
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I have 1 child & live in New York
posted 25th Nov
I violated a court order within Canada (long story)...made in Ontario, I moved to Alberta. In order for him to have the courts look at it, he would have had to take me to court in the town that I live in now that the order is violated. Unfortunately, this may have to be filed in a Swiss court but I am not sure how that works from country to country. It definately sounds like she is being a douche. I hope it works out though. There are so many kids out there who have no daddy and she is lucky to have one that loves her PLUS moms bf....too bad she has to be selfish about it all  
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I have 2 kids & 1 angel baby & live in Fort Saskatchewan, Alberta
posted 25th Nov
Thank you very much for the support! This topic makes me upset as well. The whole situation hurts.
We have a daughter together too, shes beautiful, looks just like Alice.
Alice doesn't even know she has a sister though, when Jon (my fb) tries to tell her, she is being told otherwise. So heart breaking.
She is coming down in dec, though she won't give times, and we dont even know if he will see his daughter at all, we want the papers ready by then though !! Im trying to keep positive !!
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I have 2 kids & live in Ontario
posted 25th Nov
Quoting Autumn&Kaleb♥:" Thank you very much for the support! This topic makes me upset as well. The whole situation hurts. We ... [snip!] ... we dont even know if he will see his daughter at all, we want the papers ready by then though !! Im trying to keep positive !!"

If she does come and you know where to find her, get your ass into the courthouse pronto and get a duty clerk to write a court order that she can not take that child out of the country again until this is taken back to court. If she does, it is considered kidnapping.
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I have 2 kids & 1 angel baby & live in Fort Saskatchewan, Alberta
posted 25th Nov
Quoting Boobs Magee:" If she does come and you know where to find her, get your ass into the courthouse pronto and get a duty ... [snip!] ... can not take that child out of the country again until this is taken back to court. If she does, it is considered kidnapping."

Thanks ! I will be keeping that in mind for sure !
She travelled before without his permission, it was within canada, from ontario to newfoundland, we just found out about this a month ago, I dont know if he can use it or bring it up though since it happened so long ago, before their previous court date?
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I have 2 kids & live in Ontario
posted 25th Nov
Quoting Autumn&Kaleb♥:" Thanks ! I will be keeping that in mind for sure ! She travelled before without his permission, it was ... [snip!] ... month ago, I dont know if he can use it or bring it up though since it happened so long ago, before their previous court date?"

I'm not too sure about that but you can definately put her as a flight risk and violating a previous court order. No judge will turn that away!
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I have 2 kids & 1 angel baby & live in Fort Saskatchewan, Alberta
posted 25th Nov
Quoting Boobs Magee:" I'm not too sure about that but you can definately put her as a flight risk and violating a previous court order. No judge will turn that away!"

Thanks !! I'm writing all and any information down as we speak
Anything is better than nothing !  
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I have 2 kids & live in Ontario
posted 4th Dec
I know it's been a couple of weeks since you have posted this. I hope things are going better or in your boyfriend's favor.

I know how you feel, my boyfriend has been having issues with his ex as well. Although it is not as bad as yours, it is just as frustrating. His ex has not positively enforced the bond with his daughters, she doesn't encourage the girls to ask for their father (they're 4 and 1), she lies to my boyfriend about if the girls ask for him (I know this because the oldest is ALWAYS so excited to see her father). Every couple of weeks she becomes depressed and lashes out at him and claims that his contact with the girls is hurting them, that his contact with the girls is causing them to health issue and that he's hurting them. She makes is difficult to arrange talk time every now and then and has put ridiculous requests on scheduling that time (Must be the day prior to the talk and asked her by noon her time). I could go on, but I know how you feel. PM me if you ever need to talk or vent.
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I have 1 child & 2 angel babies & live in Maryland
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