REASONABLE VISITATION:

The non-custodial parent has traditionally been given "the right of reasonable visitation". Reasonable visitation is a very vague and ambiguous phrase often left to be interpreted by the custodial parent.

Each parent has an equal right to the custody of their children, absent any drug abuse violence, or danger to the children. We believe that a parent should not have to "visit" their own children. We also believe that the custodial parent shall not have to approve the condition for the non-custodial parent in order to exercise visitation.

We believe that "reasonable visitation" is by its own definition "unreasonable".

HOW A "VISITATION" SCHEDULE BE MADE TO BE MORE WORKABLE:

Use a Parenting Plan. In order to more clearly define the rights and responsibilities of each parent concerning the custody of their children. Parenting Plans are not new. Five states in the U.S., including Vermont, Connecticut, Florida an Oregon require them in cases involving custody.

A Parenting Plan is a comprehensive and detailed framework or map detailing the rights and responsibilities of both parents in the raising of their children. Attorneys work with their client and sometimes with a child psychologist to develop detailed plan to present to the other side or the other sides attorney. Often, a Parenting Plan is developed before mediation in order to provide the client and the mediator with the client’s position. Take a look at this copy of a model Parenting Plan so that you can see how a typical Parenting Plan is put together.

A Parenting Plan includes some general understandings which reflect the policy that each party should get together to communicate for the sake of their children. The first portion of the plan involves legal custody. In addition to the specific paragraphs on health, education and welfare, also included are the legal rights of the parties, even though California law does not presently include those rights.

The last portion of the Parenting Plan involves physical custody. We have developed an extremely detailed Physical Custody Component that includes not only holidays and summer vacations, but also special conditions, should the parent be working shift work or on a rotational schedule, such as firefighters.

The Parenting Plans also include provisions for persons who belong to certain religious faiths, such as Seventh Day Adventists, Latter Day Saints, Jehovah’s Witnesses and members of the Jewish faith.

WHAT HAPPENS IF COMMUNICATION BREAKS DOWN BETWEEN MY FORMER SPOUSE AND I?

Communication does break down because all of the conflicts were not resolved by the parents at the time of the separation. In these cases, many problems can be solved by the parties scheduling or having their attorneys schedule a mediation conference in order to iron out their differences. If informal mediation fails, either party then can retain an attorney to file the appropriate papers to return to court in order to have the court attempt to resolve the problems if the parties are unable to agree.

If one parent is bent on revenge or is unwilling to resolve the problems, the complaining parent can file what is called an "Order to Show Cause Re Contempt". This could involve both civil sanctions such as the payment of money or could involve criminal sanctions, such as fine or jail time.

California law provides that a person can be sentenced up to five days for each count of contempt. Contempt could include failure to abide by the custody order, nonpayment of support or physical violence.

In order for the complaining party to be successful in a contempt proceeding, that party must prove their case "beyond a reasonable doubt", the same as in a criminal case. A child custody or visitation order must be very specific in order that the court can find contempt for violations of those orders. We therefore urge you to have all of your custody and visitation orders made as specific as possible so that they can be enforceable in a court of law, should there be any problems of noncompliance.

CAN I RECOVER COSTS FOR VIOLATION OP A CUSTODY OR VISITATION ORDER?:

Yes. A new law in California now provides for additional support as compensation to help cover costs when one parent fails to provide for visitation. This also includes periods when the visiting parent fails to exercise visitation.

CAN MY FORMER SPOUSE REFUSE ME VISITATION?:

A custodial parent is not entitled to refuse visitation for any reason other than the safety or security of the children. If the visiting spouse turns up in a drugged, drunken or agitated condition, denial of visitation would be considered reasonable. However, excuses such as "Johnny is too sick" or "Sue does not want to see you" would often not be legitimate reasons and would entitle the complaining party to return to court to seek relief.

If you have had problems with visitation orders, you are urged to seek a competent and experienced Family Law Attorney.