Divorce usually ends with an agreement between the parties (husband and wife). The agreement is often referred to as a stipulation of settlement. Where there are children involved the agreement will resolve issues of child custody, child support and parenting time (visitation).
Parenting time very often becomes a problem, with one parent refusing to allow agreed to visitation with the other parent especially during the holidays and school breaks.
When we are asked to get involved, we tell our client to follow the agreement and consider the best interest of the children. Children need both parents. Parents must realize that their parenting time battles are devastating to the children.
When we represent the parent seeking parenting time, we will immediately attempt to contact the other attorney, if the refusing parent (the parent denying parenting time) is represented. If the refusing parent is not represented then we will attempt to contact that party directly. Time is of the essence. Our contact method of choice is by phone. Our goal is and always has been to resolve the conflict quickly. Court intervention is a last resort and should only occur when all else fails.
When we need the assistance of the Court we us a legal device called a Writ of Habeas Corpus. The Writ compels the parties to immediately appear before a judge. It requires the signature of a judge and service on the refusing parent. If we know of the existence of a problem in the morning, we may be able to have the parties appear before a judge that afternoon. If you know in advance that parenting time is going to be a problem, contact us at the time that you become aware of the problem. We need as much advance notice as possible, especially where the children reside in another state or the parties are separated by long distances.
Very often we will hear the refusing parent state “my children are refusing to go”; to which we answer: “what do you do when your children refuse to go to school?”
I realize that there are exceptions to everything and not everything is black or white. Please keep in mind that childhood is brief and passes quickly. It is the time that the foundation of the child’s personality is formed. I ask the refusing parent to do the right thing or suffer the consequences.
Call us at 631-777-3900
We are located in Melville Long Island