Q: My kids don't want to see their dad on his court ordered day. He said he was going to call the cops on them. Can he?
A:
Good morning and thanks for your question. This, unfortunately is an all too common problem that can be really painful for families going through this. I'll give you my best general advice here and hope this will shed some light. You have stated that your children's dad has a court ordered day for parenting time and I assume this is weekly. If there is indeed a court order in place, it is not a good idea to ignore it or choose to not follow it. You do not want to be seen by the judge as ignoring their order. And, while he technically isn't calling the police on your kids, he does have the right to call the police to enforce the parenting time order. The police could certainly show up at your door and demand that the children be given to your ex. This is never a good idea.
Depending on the age of the kids (usually around age 11), judges can choose to hear from them about their feelings regarding custody or parenting time. This is completely up to the court, however. Please know that if the judge does decide to interview your children, it is done in chambers and not in the open courtroom to reduce the stress for the kids.
If you want to change the parenting time, you have to file a motion with the court and request this. You have the burden to prove that it is in the kids best interests to change or stop the parenting time, which is no small feat! Why do the kids not wish to go? Are they in therapy? If so, what is therapist's recommendation? Would they submit a report to the court and come testify? Of course, do not give too much information here. I'm simply showing you what information an attorney would ask you in a consultation in order to give you more specific help and guidance.
That being said, I would consider at least a consult with a good family law attorney so you can go over all of your options in more detail. Many attorneys offer free consultations as we do. Hope this helped. Regards, Bari
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