Q: What other motions & temporary orders to file along contempt & enforcement of parenting plan, for immediate visitation?
After 10 months of searching while worrying what happened to my family, I was able to locate the other parent in California after she relocated to it from Oregon without a court approval or notifying me either. She was served with motion to modify and she didn't not respond, now I have a judgment by default and supplemental and final judgment entered granting me lunch visits and virtual visits. I am now in California trying to visit, and the other parent is still refusing the visits. Please, what emergency forms should I file with enforcement of parenting time as I need immediate visitations because the mother has been doing this for a very long time, such as providing the court with wrong contact info and denial of visitations. The address she lives at now beings to the same guy who stalked me in Oregon and interfered with my visits when I tried to visit the kids. Emergency or temporary orders. The case is still under Oregon jurisdiction because that's where I live and reside.
A:
In California, if you're facing issues with enforcement of parenting time as per a judgment from another state, you should first ensure that the judgment is registered in California. This process allows the California courts to enforce the order. Given the urgency, you may consider filing a motion for emergency temporary visitation orders in the county where the children currently reside. This motion can request the court to enforce the visitation rights immediately due to the ongoing denial of court-ordered parenting time.
Additionally, you can file a motion for contempt against the other parent for not following the court-ordered visitation schedule. In the motion, detail the instances of non-compliance and the efforts you've made to facilitate visitation. It's crucial to provide evidence of the denial of visitation, any communication with the other parent, and the impact of these actions on your relationship with your children. This will support your request for the court to enforce the visitation order.
To navigate this process effectively, consider seeking guidance from a local family law attorney familiar with interstate custody issues. They can help you with the correct forms, procedures, and strategies to present your case effectively to the court. Legal aid organizations may also offer assistance if you need help with legal fees. Your primary goal is to advocate for your right to maintain a relationship with your children, and the court can provide mechanisms to ensure this right is respected.
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