Father has supervised visits twice a week
Fathers home is not safe and visits are not to take place at his home,
He’s refusing to postpone visits during covid-19.
He won’t tell me where he will be taking my son.
Everything is closed. They can’t go to restaurants, or arcades or movies.
I asked if he must to just take him to a park if it’s empty. He won’t respond.
Every school district is closed. Why can’t my son have the sane protection as every other child?
You should be able to get any info you need from the supervisor.
If your child's father has supervised visitation look to the supervisor to suspend the visitation due to not having a safe place for the visits to happen. Since the Court's are closed perhaps you can withhold turning over the child pending on the basis there is not a safe place for the visit until the reopening of the Court.
Hello, there are so many questions regarding the closures of various courts. Here is the link to updated information regarding what counties are open or closed.
https://newsroom.courts.ca.gov/news/court-emergency-orders-6794321
Most courts are open for emergency hearings.
FYI -- many courts are closed until Friday with the exception of essential functions.
The exiting order remains in effect. There is now law that specifically law excuses compliance with a custody order because of an Act of God or because of a government edict regarding Shelter at Home. So you do not have absolute immunity from having to defend a motion for contempt down the road if you do not comply with the order.
However, the first thing to do is to check whether the court where your case is filed is even open or is just hearing requests for emergency orders. If that is the case, the father can file all the RFOs he wants, but they are unlikely to heard until the courts reopen. Secondly, it seems unlikely that the courts will punish parents who do not comply with visitation orders because of good faith decisions during they made during a public health crisis based on provable facts. It will help if you and he can arrange that the supervised visits be done by video conferencing with the supervisor. That would probably be the outcome if he did manage to get a court hearing on his RFO.
If you can prove risk to child, your attorney may file exparte RFO to amend custody and visitation.
Likelihodd of prevailing depends on:
-complete facts;
-risk to child;
-less restrictive alternative;
-risk to public
-other factors
He does have the same protection as every other child.
