FUCCED

Children Fight Back Against Unfair Family Court Decisions

Friday, July 29, 2011

What is visitation refusal?

Visitation refusal is simply refusing to abide by the current custody plan that is in place. This is sometimes differentiated in court as to who is doing the refusal: the custodial parent or the child. It is important that any visitation refusal is done by the child and not by the parent for several reasons. First, the child is actually not a litigant in the ongoing custody battle and as such, the judge has limited discretion to punish the child. Don't get me wrong, several children have been sent to jail by rouge family court judges. However, first the judge has to get you in custody which is often easier said then done.
The most important reason that visitation refual must be done by you, rather than your custodial parent, is because the judge will try to crucify your custodial parent given the choice. The judge does not care aboout you or your family. They are likely handling 10-15 custody cases per day, and they couldn't pick you out of a line up. However, they think they known everything and have a lot of disdain for any litigant that appears to be violating their orders. They will send custodial parents to jail if they think they are not abiding by the rules. It's called contempt of court, and judges throw it around like a spoiled toddler who is not getting their way. The idea that they could be wrong has never once crossed their minds. But it might, if you make that big of a stink out of it.
The ideal visitation refusal occurs at a school. Your non custodial parent is supposed to pick you up when school is out, but you decide not to be there. Your custodial parent is generally in the clear here, they delivered you to school. They "facilitated" visitation. You just decided not to show at the appropriate time and place. Go do what you want. If called on the carpet about the matter, feign ignorance. Tell your non custodial parent, you forgot. Look, if they want to treat you like a kid, then act that way. The other option is to lie. Tell your custodial parent that the other parent didn't show up. Tell them you waited there and no one ever came. Bonus points if you  post it on Facebook or tweet that your non custodial parent didn't show. You need to create as much evidence as possible that the current custody visitation is not working. So do what you have to do.
If you don't go with the parent understand that there may be consequences. Especially for your custodial parent. She may be more concerned about not pissing off the judge than about caring for you. Don't be too hard on her though. She would love to do what is best for you, she just has been beaten down by the system. If you think your custodial parent may send you back with your non-custodial parent when you come back home, try to stay out as long as possible. No one wants to be dealing with all this stuff late at night. If you can, sneak back in your room and make everyone deal with it in the morning. Also know, in some cases judges have ordered the other parent to discipline you if you refuse to go to visitation. So your custodial parent mey do that, even if they agree with your decision. Again, your job in this struggle is to pretend like your custodial parent is angry with you. Write an email to your non custodial parent explaining that your mother has grounded you. Update your status that she took away your PS3. Remember in court, it's not what any one knows, it's what they can prove. Make it easier to prove that your custodial parent tried to make you go to visitation. Make it easy to prove that you are punished wen you don't go. It doesn't matter whether it's the truth or not. Family courts don't care about the truth. And they don''t care about you. Then again, if your reading this blog, you already know that.

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