When you are at the courthouse to file your Motion to Enforce, you must also schedule a date and time for the Enforcement hearing and have the judge sign an Order to Appear. If you do not have the required documentation, then you will need to wait until you have properly gathered it by documenting the denials at the time they occur before you can file the Motion to Enforce. (The clerk will keep the original. Keep that person’s name, address, and phone number. (Modification) I need to change a custody, visitation, or support order. In order to succeed when you file a Motion to Enforce Visitation Order, you will need to show a pattern of denials by the co-parent. When a parent with visitation rights isn’t allowed to see his or her child because the individual with custody refuses to honor their child visitation orders, that parent may be entitled to take legal action. This is called a modification. 2. The Texas Bar Foundation provided funding for website design. You may also go to mediation voluntarily or you may do it yourself and file a motion asking the court to send you and the other parent to mediation. The attorney will help one or both eligible parents understand the order, and how to follow it. It may not be a good idea to have the witness be your significant other or spouse. Be sure to look over the types of relief available to you for denial of visitation, and remember that the judge will be limited by what you ask for in your pleadings (the documents you file with the court). Criminal Contempt (or punitive contempt): This type of contempt punishes a person for disrespecting the dignity and the authority of the Court. Handling Child Visitation Interference in Texas. To speak with a parenting time specialist on our toll free telephone hotline, please call 1-(866) 292-4636 Monday - Friday from 1:00 pm to 5:00 pm Central time. Jury trials are complicated, so in that case it would be better to be directly represented by an attorney. Keep a journal of dates and times you are denied time with your child(ren) as evidence to support your complaint. Download the Visitation Enforcement Kit for more information. http://www.youtube.com/watch?v=yTRR4TIf30s. If they can't do it themselves, the clerk should be able to tell you how to get the proper documents to the constable for service. TexasLawHelp.org Custody and Visitation Legal Resources, Try to work out the problem with the other parent. You must maintain an accurate journal to enforce your visitation/possession rights in court. If possible, have a witness present at the denial. What if I didn't get the judge to sign the Order to Appear? A domestic relations office cannot modify your order for you. Providing the receipts or the police reports will clearly show the date of each alleged contempt. Check your local listings for mediators or dispute resolution centers. You must go to the exchange location and make a record of your attempt to see your child. If you do not ask for a specific type of relief in your motion, the judge cannot grant it to you. If your order is not enforceable, you may need to modify or clarify your order to make it enforceable. The Office of the Attorney General is the official child support enforcement agency for the State of Texas. If the exchange site is at a commercial business, such as a fast food restaurant, buy an item and keep the receipt as evidence of the time and date you were there. How do I explain what I’m asking for in the petition to enforce? Keep this receipt. In those cases, the terms of the access and visitation court order (standard possession order, or “SPO”) become the schedule everyone must follow. Ex Parte Slavin, 412 S.W. This is what is required to get you into the courtroom. What laws control visitation enforcement? The Texas Family Code says that you may be granted a default judgment (the court grants your requests made in the Motion to Enforce) and a capias can be issued for the arrest of a person who does not show up for court for a contempt hearing when they have been given proper notice to appear in court. Calling the court’s coordinator first will help you to know exactly which steps you need to take. Sometimes, custodial parents will say in advance that they won't be at the place of exchange or that they, or the children, have other plans.
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