Q: What is CA court procedure after an agency has terminated court ordered supervised child visits for non compliance?
Can non custodial parent resume visits at same agency without going to court- after 9 years has passed with no visitation?
Non-custodial parent was incarcerated for federal crime for 6 of those years and is attempting visits 3 years after release from custody. Custodial parent has to file Request for Order and go back to court? Visitation was terminated by agency when he stopped showing up. Does visitation agency have jurisdiction to start visits again with no court intervention? Non-custodial parent does not have to petition court after visits were terminated? Visits after this long would be horribly disturbing for children. What do I say to agency who sees no problems with this? Do I have to file for a hearing when he is the one trying to have visits again?
A: You have way too many facts missing for you to get a competent answer to this question. First question is why has nine years passed with no visitation? My guess is that should you try and set it up with the same agency they are going to want something from the court in the way of a current order. Plus the custodial parent has to be a part of the process and I assume that he/she would object when notified and probably file a Request for Order to try and block the visitation. All of this is just supposition on my part because I just do not know enough about your case. You need to sit down with a family law expert in the jurisdiction where the visitation order was made and get some good advice on how the local court would view all the circumstances. Under normal circumstances that nine year gap will be a huge hurdle for you to get over.
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