Use the following PDF form to keep record of your possession schedule, events and violations that took place.

By: Susan Durham, Attorney at Law

The Court has determined that your child needs BOTH of their parents. Denying visitation to the other parent is child abuse. There are serious consequences YOU WILL SUFFER if you continue. ABSENT PROVEN ABUSE, THERE IS NO EXCUSE FOR NOT PERMITTING VISITATION ACCORDING TO THE COURT ORDER.None of the following is a reason to deny visitation:

• The child is sick ? unless hospitalized. If the child is in the hospital, you have a duty to notify the other parent so they can visit their child.
• The child has a bad wound or broken limb.
• You don?t like the other parent?s spouse or girl/boyfriend. Even if that person caused the breakup of the relationship between the parents, the presence of this person does not justify denying visitation.
• You are going out of town. You MAY NOT take your child(ren) with you when your child(ren) is/are scheduled to visit with their other parent, unless you get written permission from the other parent.
• Relatives are coming into town. No concessions are to be made for trips/visits by relatives, unless approved by the other parent in writing beforehand.
• Step-relatives are no relation to the children at all, and are certainly not a reason to deny visitation.
• Grandparents - Grandparents generally have no legal rights. They do not have a right to have the children during the non-custodial parent?s periods of possession.
• Relatives? birthdays/weddings/etc.
• School activities ? Sleepovers and parties must be arranged with the non-custodial parent if it is to take place during his/her time. School sports or any other activities that conflick with the non-custodial parent?s scheduled time must be arranged with the non-custodial parent ahead of time.
• Work requirements ? If you must be out of town for work, leave the kids with the non-custodial parent if possible. If not, instruct any substitute parent that the scheduled visitation must take place.
• Church activities.
• Disasters.

If you choose to violate the Judge?s Order with respect to child support or visitation, please be aware of the consequences:

• You WILL BE held in contempt of court. (See Family Code Sect. 6.506).
• You WILL be find a minimum of $500
• In addition, the Judge will order you to pay the other party?s attorney?s fees for bringing the contempt action against you.
• At a minimum, if the Judge finds that you are in violation of visitation orders, he/she may order additional periods of possession or access in accordance with Section 157.168 of the Family Code.
• The Judge may also require you to post a bond or security to assure future compliance with the court?s order.

Be forewarned that if you are jailed, the Judge will probably give the children to the other parent. The judge can also order that your jail time be suspended and you be put on community supervision (probation). Your probation conditions may include the following:

• Placement on probation for a period not to exceed ten years, and may include standard probation requirements in addition and unrelated to simply following the visitation orders;
• You may be required to pay supervision fees equivalent to criminal supervision fees ($65 per month);
• You may be required to report to a probation officer on a monthly basis;
• You will require the approval of the probation department for any change of your residence and will have to inform the probation department of your employment, school and any other relevant facts;
• The probation department is permitted to make unannounced visits to your home;
• You may be required to take drug or alcohol screenings, and our failure to pass successfully may lead to losing possession of your children;
• Nonpayment of the fee itself, as well as violation of any other condition imposed, can become a basis for revoking probation and remanding you to serve time in jail.

ACCUSING THE OTHER PARENT OF CRIMINAL ACTS.

You should also be advised that if you are making unsubstantiated allegations and filing criminal actions against the other parent of your children, IT IS VERY LIKELY that the Judge will change possession of the children and make your visitation supervised. If she finds that the allegations you have made of child abuse are false, she must impose a civil penalty not to exceed $500. (Family Code Section 153.013) If there has been violence in connection with the exchange of this child, there are usually accusations going back and forth about who was at fault. If a judge is convinced that parents cannot cooperate decently regarding visitation, at a minimum, it will have to be arranged to pick up and drop the child at a neutral location, often this is a police station or a for-pay facility. IF ALL ELSE FAILS, THE CHILDREN WILL BE REMOVED FROM BOTH PARENTS AND PLACED EITHER WITH A RELATIVE OR IN FOSTER CARE.

Violence in front of children simply will not be tolerated, ever, no matter who is at fault.

If you have any questions, please contact us.

Options & Strategies For Each State Are A Must

Visitation Enforcement is in every state a separate matter for each individual situation. That said, Fathers For Equal Rights needs you to understand the facts before you reach a conclusion about visitation and your children.

Please understand that this is general information related to denial of visitation The information is not meant to be legal advice and is not based upon a thorough assessment of your situation or needs. Further, please understand that you should discuss these options and strategies with an attorney before taking action on your own and nothing on this page should be construed as legal advice.

That said, let us now turn our attention to the important things about the visitation enforcement section of this website. Challenges you may face require proper ways to identify the course of actions, options and strategies which will work out to the mutual benefit for each and every family member.

As mentioned above in the first paragraph of this article, we present below some general information that you may find helpful in grasping the knowledge of your visitation situation. Take time to properly review the informative content below, and then call us here at the Fathers For Equal Rights office with additional issues you need to have addressed about your family situation. If you don't see what you are looking for in this text or list above, please be sure to contact us here at the office 214 953-2233 for more information.

WHAT IS NEEDED FOR VISITATION ENFORCEMENT?

1. A valid court order is an order that has been issued commanding or prohibiting the subject in question from doing a particular act. A valid court order must be signed by a judge or issued by the district clerk's office, certified as having been signed by a judge.
2. The subject in question was validly served with such court order or it can be shown that the subject had prior knowledge of the court order and its content.
3. The subject in question having full knowledge of the above two factors is intentionally and willfully violating the court order.

This sample document is used to notify the non-custodial parent of intent of visitation and printed with permission from DADS Against Discrimination and is intended to help document attempts made while exercising court ordered visitation.

IN THE DISTRICT COURT OF (YOUR) COUNTY, (STATE)

(PETITIONER) vs. (RESPONDENT) (YOUR DIVORCE CASE #)

NOTICE OF INTENT TO EXERCISE PARENTAL RIGHT

YOU ARE ADVISED that (YOUR NAME HERE) intends to Exercise his parental rights with his child(ren) (CHILDS FULL NAME 1) and (CHILDS FULL NAME 2) in the following matter.

1. The children shall spend from (DAY) evening at (TIME)p.m. to (TIME) p.m. (DAY) evening on (PICK UP DATES EXAMPLE: July 22nd and 23rd).
2. Place of pick-up and return shall be (ADDRESS, CITY, STATE).
3. The children will need the appropriate changes of clothing and health care items for a overnight visitation.
4. During the exercise of the above time schedule, the children shall be located within the bounds of the (YOUR COUNTY) area.
5. Basis for the exercise of parental rights: Order granted by Judge (JUDGES NAME) on (DATE OF VISITATION ORDER, YEAR).

AS NOTICE HEREOF, The original of this Notice Of Intent To Exercise Parental Rights has been filed with the Court, and true copies have been mailed as indicated below. YOU ARE REQUESTED TO COOPERATE in permitting the Respondent to exercise his lawful parental rights and to notify the Respondent's attorney's listed below and the Court in writing prior to the date of exercise if there is some legal reason why these rights, as set forth, cannot be exercised at the date, time, place, and in the particulars described.

_______________________(SIGN HERE)

(YOUR NAME) (YOUR ADDRESS)

(CITY, STATE, ZIP)

(PHONE)

(MAIL DUPLICATES TO ALL PARTIES)

Original copy filed with Clerk of Court and copy mailed this date _____________________ to:

(YOUR EX)

(HER ADDRESS)

(CITY, STATE, ZIP)

(Attorneys Name here if applicable)

PROVING A DENIAL OF VISITATION

1. Take a witness along with you - preferably an off-duty constable or deputy or other neutral official. Have our witness stay in your vehicle, but with the window down so that he/she can hear the tone of the conversation and with the vehicle parked in such a way as the witness can easily see you all the time.
2. Take a Xerox copy of our divorce decree along with you which shows that you are supposed to see the child(ren) on that weekend and at that time. DO NOT BE EVEN 5 MINUTES LATE.
3. Take a tape recorder with you - have it running from the time you approach the residence, and do not stop it until you leave. Do NOT have it on the ''voice activated'' setting as you need to show the time elapsed during your stay there. Keep it running as you leave the area.
4. As you approach the residence state the following facts into the recorder: Your complete name The address you are approaching The reason you are there ''I am going to pick up my child(ren) as this is my weekend to visit them.'' State who is with you and why. State the time of the day and a.m. or p.m.
5. As you leave, state that you are leaving and state the time and briefly what occurred which did not appear on the recorder. (She/He made an obscene gesture, etc.)
6. Keep a calendar of each denied visitation, and keep a written record of the number of recordings you have.
7. Make sure you have a credible witness each time that you try to go see the child(ren) and DO NOT MISS A VISITATION PERIOD.
8. If she/he calls the police, keep the recorder running as long as they will let you, but DO NOT shut it off until they arrive.
9. Remember to use a new tape for each attempted visit, and make sure it is blank, except for your attempted visits as admitting a tape in evidence admits the whole tape and everything on it.
10. When recruiting a person to go with you, always have a back-up just in case your first choice cannot make it, but DO NOT GO ALONE. Start out early to give yourself plenty of time. You can always stop at a store near her/his house and get a soft drink to kill time. Do NOT drink beer or other alcoholic beverages before going there.
11. If your child(ren) come to the door before they can be told to go back into the house, the first thing you say to them is, ''I love you and I have missed you.'' They simply come first and must know that your absence has not been their fault and that you have not wanted to stay away.
12. DO NOT ARGUE with you ex- regardless of how hurt or angry you are or what you ex- has to say. Staying calm and recording the conversation is the smartest thing to do and will get her/him in the long run and make you and your child(ren) the winners.

STATEMENT TO MAKE AT THE DOOR

''I am here to exercise my visitation. Going by our court order, I am to pick up (child's name) at this time. I have a copy of our divorce papers which says that this is my weekend with (child's name). I miss him/her very much and want to be with him/her, and I know how much he/she miss me.''

If told that they have other plans, say, ''I can take them where they are going, if you will just tell me when and where.''

If told that you cannot see because they are sick, ask, ''What is wrong with (child's name)? I will take his/her medicine with me and see that it is taken as ordered by the doctor.''

If you are still refused, say, ''I want to see (child's name), and tell him/her that I am sorry he/she is sick. Who is the doctor so I can talk to him/her and see how (child's name) is doing?''

If still refused, leave with the recorder running. Also see: Incedent Reports-The Right Way