Ask the Police.“I have a court order that says I have visitation rights and my ex-spouse won’t let me see my child; will the Police order my ex-spouse to obey the court order or be arrested? Will the Police physically take the child from my ex-spouse so I can see my child”?
Domestic issues and child custody matters are an extremely sensitive topic. These issues would go so much smoother if both parents would think more of the child’s well being psychological and emotional health rather than of their own personal battle, they continue to have with each other. Nevertheless, unfortunately they do not so there are court orders.
Definition of Court orders
A court order is an order issued by the court that requires a person or persons to do, or not to do something.
Court orders relating to child custody are guidelines that map out certain rights that each parent has concerning the child, such as visitation rights, Holiday rights, child support, etc.
Take note, that all courts only have the child’s best interest in mind and if parents cannot agree among themselves on these certain issues than the court has schedules already in place they will assign.
When the Police respond to a domestic dispute involving violation of court orders, here is what you should expect.
First, the Police are only on the scene to stand by and assist in solving an argument about visitation and to prevent any type of violence or crime being committed against each other.
The Police will not order, physically take away or force your ex-spouse to hand over the child to you on your visitation day. The only way the Police would take the child away from one parent is if the child was in any danger or harm.
Remember, the court (and the Police) only has the child’s best interest in mind. As mentioned before, unless the child is in danger or harm, the only other way the Police would physically take a child away from one parent and give it the other is if the court order specifically stated the Police do that. I have never seen such a statement in a court order nor do I believe it would ever be put in a court order.
File a Police report
The problem with many court orders is that they are not specific enough and are too vague leaving much to interpretation. It is important that you spell out exactly dates, times, etc that you have certain rights.
If your spouse is disobeying a court order then the best thing for you to do is file a Police report. (Click here to see “Court Order Violation How to File a Police Report”)
After filing several court order violation Police reports you can return to court for a re-modification of your divorce/child custody orders. Note: The court can impose fines or jail time if court orders are disobeyed enough.
There was a time that two people both made a choice, loved each other enough to make a child and now for whatever reason decided differently. However, the child has no choice and loves both their mother and father. There are too many times the child has to sit back confused at all the commotion waiting for parents to stop arguing over the silliest things. When will enough be enough?