My husband gets visitation every other Saturday with his daughter. He called to set up a time to get her from his ex and his daughter answered instead and refused to give phone to the ex. She stated she wasn't coming and used the coronavirus as an excuse. When he asked to talk to the mother she hung up. When he did speak to her, he offered his ex that she could keep his daughter during the craziness if he were given makeup time. She was not receptive to that idea and just said to get her saying there's no guarantee that the daughter will go. I spoke to officers and they cannot force her but I want to know what my husbands rights are during this crazy time. He shouldn't lose any time with his daughter even if it means forcing them to make it up. Can he file for contempt if she never ends up coming?
The courts have received and acted upon, and will continue to receive and act upon, as Priority #1 matters all applications for emergency orders of custody pursuant to CGS 46b-56f, including the scheduling of hearings in cases where ex parte relief is granted. That includes applications alleging such harm based on withholding of parental access. The determination of whether the withholding of access in a given case creates "an immediate and present risk of physical danger or psychological harm to the child," and if so what relief should be granted, rests within the sound discretion of the judge reviewing each particular application.
Yes your husband can file a contempt motion, but as counsel have already indicated, he probably will not be heard by the court for a significant while now. That said, your question is unclear if the Mother is receptive to having a discussion with the child and her father about how visitation should be worked out during this time period. If this is the first "hiccup" in visitation, based upon what was written, it may be that the child (and the Mom) are scared. I would suggest that the 3 of them meet face to face (social distancing can still be achieved) and discuss the visitation and fears (using gov't information). If this is not the first, then your husband should consider any underlying visitation obstacles, as child (or Mom) may use this time as an excuse not to visit.
Visitation Orders remain enforceable. They are not suspended so it is both parent's responsibility to exercise the visitation in a safe manner.
That having been said, if a parent refuses to allow the visitation, the remedy is to file a Contempt Citation. Whether or not the parent will be found in contempt is dependant on whether the court believes the denial to be willful. If the child is older, say 16, parents often defend contempts by saying they encouraged the child to go, but the child refused. Also, Courts are only hearing emergency motions at this time so one may not even be able to get a court date. I would suggest he be clear with his ex that he wants his time now or as make up later. That way he can file a Motion when the courts reopen.
I agree with counsel that the "legal" remedy for refusing to follow a court order is a motion for contempt. You should also know that the court is scheduling matters far into the future recognizing the gravity of the situation we are in.
But I will go further than Attorney Kiran. We are dealing with a pandemic that, if not curbed in its spread can lead to our healthcare system not being able to handle the number of people so affected. This will lead to fatality rates in the high single digit to low double digit percentages. There is no need to risk getting or spreading COVID-19 and all steps should be taken to prevent this from happening. Being worried about make up time now is not where the focus should be.
You could file a motion for contempt, however the courts are not hearing contempt motions right now. I would strongly suggest that you understand the gravity if the situation that we are facing a pandemic. If the child is safe with your husband’s ex may be let it be like that at this point in the.
Canadian Seeking work permit, fiance of American
I am a Canadian living with my
boyfriend in Canada. He is American
and is here on a visitor permit.
Neither of us have had a permanent
address or job for the past 7 years.
We want to get married and move to
N.C., but are concerned that the I-
129F will be denied because he
hasn't worked or paid taxes in the
US. If we get married, can his
brother sponsor me? Can I enter the
US on a visitors visa, then get
married and apply from within the
country? Would it change things to
get married in Canada? If the I-129 F
is approved, how long does it take
and how much will it cost? Thank
you.