Q: Can the CP change the time and location of pick up from the order and NCP have to abide? Can this be a denial?
NCP wants to stick by the order as it was just modified Jan. 2021 and the CP has a history of denial. Can the CP just change this agreement? If NCP sticks by the order can this be documented as denial?
A:
If the court order states that CP and NCP are supposed to exchange the child at a certain location at a certain time, then the only way that can be changed (without another court order) is by agreement of the parties. It takes two people to agree. So, if NCP doesn't want to change the exchange location and time, but CP does, there is NOT an agreement. Which means that the parties have to follow the court order.
If CP decides that they want to unilaterally want to change the exchange location and time, and NCP shows up to the location that is in the court order at the correct time, then ABSOLUTELY that is considered a denial of visitation. NCP should document that they were at the court ordered exchange location at the time they were supposed to be there and CP did not have the child there. NCP can document by either 1) calling the police and getting a police report, 2) stopping by a nearby convenience store and buying something so that they have a receipt which will show the date, time and location, and/or 3) having a witness with them who can testify in court that CP did not show. NCP should document this each and every time that visitation is denied.
NCP would then need to file an enforcement action for denial of visitation against CP with the Court. They can ask the Court to hold CP in contempt for denial of visitation.
I hope this information helps. Good luck!!
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