Thursday, January 21, 2010

Can a court suspend parenting time for something that someone thinks might happen in the future?

Yes, I know it sounds ridiculous, but my ex is a pretty ridiculous person. She filed an emergency motion to suspend my upcoming parenting time because she believes that I am going to kidnap our son. I guess she thinks that she is in Minority Report and can see crimes before they happen. The court hasn't approved or denied the motion yet, so my question is, can they restrict my parenting time based on her allegations that I am planning a future kidnapping (of course I'm not, that would be really dumb.)Can a court suspend parenting time for something that someone thinks might happen in the future?
The sad truth is that the court operates on hearsay and emotional conjecture. Character assassination is the pivotal artform in family law courts. If she can paint you as some type of freak, the judge will probably feel free to abuse his authority (as most judges do) and harm your time with your children somehow. Beware!





My suggestion is to PLAN for her to run you down to the judge. If there is anything you can think of ahead of time that she might say to the judge about you, you should be ready with a rebuttal that will at least cancel it, and best, make her look like the freak she is.





Good luck.Can a court suspend parenting time for something that someone thinks might happen in the future?
Yeah, the court can restrict the parenting time if there's a fear of kidnapping.


Didn't you read on the news, about a father who only had supervised visitation because of fear of kidnapping... that actually managed to kidnap his daughter during the supervised visitation, and they only found days later?
No,the courts have to act upon solid evidence pertinent to said case and not upon a future unknown. The courts are prbably waiting for some medical records on her before deciding but no is your answer
She would need something that backs her claim. So if you wrote her an e-mail or said something in front of witnesses saying you are going to take the children from her (hopefully you weren't that stupid) than I doubt the Court's will believe her.
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