No. of Recommendations: 2
Oh, LEGALLY they are separate. But their are plenty of custodial parents who use visitation as a bargaining tool with their ex spouse, or make using visitation rights burdensome in order to drive the non custodial parent away.

And the idea that local police are going to do more than be witnesses at when a child goes to the other parent is an interesting claim. Does anyone have a reference to that kind of police action?

I've heard of parents turning over children at a police station when they couldn't get along, but I'd be surprised if they are going to get very involved trying to enforce child custody orders, which really aren't their responsibility.

But I'd be glad to have someone illustrate that claim.


First of all, no one claimed that the local police would do more than be witnesses. Law enforcement is present to act as witnesses to the fact that the children are not being transferred to the other parent and to prevent abuse, assault and battery or intimidation. I posted:

NON-CUSTODIAL PARENTS can request local law enforcement be present when they pick up their children. Additionally, they can pursue the matter in court if the CUSTODIAL PARENT continues to interfere. That is the job of the court; to adjudicate between two dissenting parties.


The offended parent would need to petition the courts who would then issue a contempt of court action against the offending parent. (I don't know how better to word that so please forgive the wording.) There is a reason, you know, that family law is its own practice with its own courts. However, local law enforcement has much leeway dependent on the locality.


http://www.moga.mo.gov/statutes/C400-499/4520000425.HTM

Sheriff or law enforcement to enforce custody and visitation orders, when--limitations.

452.425. Any court order for the custody of, or visitation with, a child may include a provision that the sheriff or other law enforcement officer shall enforce the rights of any person to custody or visitation (bolding mine) unless the court issues a subsequent order pursuant to chapter* 210, 211, 452 or 455 to limit or deny the custody of, or visitations with, the child. Such sheriff or law enforcement officer shall not remove a child from a person who has actual physical custody of the child unless such sheriff or officer is shown a court order or judgment which clearly and convincingly verifies that such person is not entitled to the actual physical custody of the child, and there are not other exigent circumstances that would give the sheriff or officer reasonable suspicion to believe that the child would be harmed or that the court order presented to the sheriff or officer may not be valid.


http://hannahs-house.org/FAQ.htm#How%20is%20local%20law%20en...
How is local law enforcement involved in the work of the professional supervised visitation monitor?

Law enforcement personnel will enforce court orders, including enforcing supervised visitation and supervised exchanges. (again, bolding mine) While the police can enforce orders, they do not have the authority to over ride the policies, procedures, and decisions of the professional monitor/agency which have been established to provide services in compliance with Section 5.20 of the California Rules of Court. When a monitor/agency has decided to prevent, suspend or terminate an exchange or visit, law enforcement cannot force the monitor or agency to change that decision. They can enforce a visitation or exchange separate from and off the property of the monitor/agency, unless the Court Order specifies that the visitation or exchange must be conducted by a particular monitor/agency and the monitor/agency is unwilling to participate.



Additionally, many localities have programs in place to assist the non-custodial parent with visitation concerns such as:

http://www.co.travis.tx.us/dro/enforce_visit.asp

Visitation Enforcement Services are offered as a part of Travis County's Cooperative Parenting Program...

...Visitation Enforcement helps non-custodial parents who are being denied access to their children receive their visitation rights. (again bolding mine) Child access can only be enforced according to what is stated in your final Travis County court order.



Divorce laws and proceedings have changed a great deal in the past forty years. The focus is on what is best for the CHILD(REN).

Minxie
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