ex refuses to follow custody order

            Posted on May 15, 2016 

Ex refuses to follow custody order

Q. When I got divorced two years ago, the court awarded my ex-wife, Lilith, primary custody of our two boys, then ages 5 and 7. I got parenting time on alternate weekends, half of the summer vacation, and we split all school vacations, alternating them each year. So Spring vacation one year for me, the next year for her. Seems simple, right?

Wrong. Lilith claims it is not safe for the children to be with me more than a few hours or for two days in a row. Recently, by begging, I have had our sons for a full Saturday and then, again on that next day, Sunday. I’ve gone along with this stuff with a hope Lilith will eventually follow the court order.

For this summer, I want to take the boys camping at a few National Parks. Along the way we’ll stay at homes of relatives they’ve never been allowed to see. I booked time in the Parks, but I’m worried Lilith won’t let the boys come with me.
What can I do about this?

A. You need to file a complaint for Contempt against Lilith claiming that she repeatedly refuses to follow the court Order. Request the Court to specifically order Lilith to: Bring both children to the Probation Office in the Boston Probate Court no later than 10:00 A.M. sharp the day before your trip is to start; and to bring a suitcase or knapsack for each child that contains appropriate clothing for their trip.

If she fails to appear on time, the Court will immediately issue a Writ of Habeas Corpus ordering any Federal, State, City, or Town law enforcement office to enter Lilith’s home for the purpose of taking physical custody of the children; and to deliver the children to your sole custody until further order of the court.

So, if Lilith doesn’t bring the children and their clothing to that place at that time, writ of habeas corpus will immediately issue. Then the probation officer should immediately contact the Boston Police to have two male and at least one female officers meet you at Lilith’s home. I will go out on a limb to suggest Lilith will understand that should she fail to show up with the children at that time and place, you then end up with primary physical custody from then on.

Lilith will not chance losing control over you. So she will obey that order.

In my experience almost every fight over children has zero to do with the children and everything to do with one spouse trying to control the other.