Q: Can my ex wife keep making excuses to miss court ordered visitations without proof?
Me and my wife have a court agreement that I have all day visitations with my son every 1st, 3rd and 5th Saturday. This Saturday will be the 3rd one she has missed in a row. She claims sickness and surgeries but how do I know she is telling the truth without proof and that she just doesn’t want to let me see him?
A:
I am sorry to hear that you are missing your possession periods with your son. In your situation, it would not be your burden to prove that Mother is not telling the truth about her sickness and or surgeries. It is her burden to prove to the Judge that is why she has been denying court ordered possession. You may have to bring an enforcement of possession or access court case against her and bring to the court's attention that she is violating the court order.
Terms in court orders can be different depending on each family's case. The standard language in most court orders requires the parent exercising visitation to pick the child up from the primary parent's residence and to return the child to the same place. You should read your court order to determine if that is what is required in your order.
If you are required to pick your son up from your wife's residence, then as long as you can show that you were at your wife's residence on the date and at the time that is listed in the court order, then you could have a cause to file an enforcement action against her for violating the court's order. However, it's not enough that wife just "told/texted" you that she was sick or had surgeries, you have to physically show up to the residence to take possession of your son. If you just go off her word that she was "sick" or had a "surgery", without actually showing up, then you haven't been denied visitation.
You should read your court order carefully to ensure that you are doing what it tells you to do regarding how you take possession of your son.
If you do not know what your court order says in that regard or you need it to be explained, you should seek a family law attorney to assist you. You may be able to get an explanation with a short consultation.
I hope this information helps. Good luck to you.
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