Ask A Lawyer: How Do You Handle Visitation With An Interfering Ex?

Question:

When does it end?  Court order by Cambridge court that a father gets visitation for the week of Christmas – a week in March and the month of July. The month of July is if the child wants to stay with the father during that period of time.

The mother each and EVERY time interferes. The child (14 yrs in the coming august) has said the mother writes things down on a piece of paper and tells her what to say. The child then says when she does not say what is written the mother gets very angry. The child is now being told she CANNOT come in July.

This is now the second year I have had to deal with this. Of course, the easy solution would be to take it back to court. But, the decision was already made by the Judge. How do we proceed?

 

Answer:

Your description of the situation leads to the conclusion that the mother’s conduct will not change without court intervention.  The law of your state will dictate the process for enforcement or modification of the court order setting the visitation.  The preparation for a court review may require your daughter to be interviewed by an attorney appointed to represent her (sometimes referred to as a child’s representative or a guardian ad litem), a court appoint psychologist, or even the judge to allow for a determination of the situation free from the direct influence of the mother.   You should consult a qualified family law attorney in your state to review your legal options.

 

Richard Coffee is a Litigation Manager in the Belleville Illinois office of Cordell & Cordell. He is an experienced divorce attorney whose practice is devoted to domestic litigation. He is licensed in the State of Illinois and is admitted to practice law in the U.S. District Courts for Northern, Central and Southern Illinois.

Mr. Coffee has extensive domestic litigation trial experience representing clients in courts throughout Illinois on all aspects of domestic litigation, including the representation of clients who are current or retired military personnel with issues under the Soldiers and Sailors Civil Relief Act and the Uniformed Services Former Spouses’ Protection Act, clients involved in state court jurisdictional disputes due to the relocation of one or both parties from or to Illinois, and clients with government or private pension benefit valuation and division issues. 

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