Thursday, May 13, 2010

Need a good sight for laws/statutes in MN regarding parents that break Court Ordered Parenting time?

We have a good amount of documentation of incidents,phone messages that we are getting ready for court next week . we just want to make sure we are useing all of our sources and representing are case good since we have filed the motion without a lawyer saving $250 we dont have!


We do know she can be charded and also could pay a penalty to the court and our court fees. Any other info would be appreciated.





PLEASE ONLY ANSWER WITH FACTS OR EXPERIENCE!! THANKSNeed a good sight for laws/statutes in MN regarding parents that break Court Ordered Parenting time?
Hello,





Take a look at my website and I have some caselaw there:





http://www.UtahParentsUnderSiege.com/





Also, I will take a look for things specific to MN.





Good Luck,





Eric








Update:





I found this hope it helps...





Enforcement of Parenting Time Order by Police





Enforcing a parenting time order may often be difficult. Law enforcement often will treat denials of parenting time as civil matters. However, a Court order can include language that specifically requires law enforcement to enforce a parenting time order. This is specified under Minnesota Statutes 518.175. It states as follows:





';The court may provide that a law enforcement officer or other appropriate person will accompany a party seeking to enforce or comply with parenting time.';





Remedies for Denial of Parenting Time.


Minnesota statutes also spell out a myriad of remedies when parenting time is denied or subject to unreasonable interference.





Specifically, the court may provide for one or more of the following remedies for denial of or interference with court-ordered parenting time:





1. If the court finds that a person has been deprived of court-ordered parenting time, the court shall order the parent who has interfered to allow compensatory parenting time to the other parent or the court shall make specific findings as to why a request for compensatory parenting time is denied. If compensatory parenting time is awarded, additional parenting time must be:


o at least of the same type and duration as the deprived parenting time and, at the discretion


of the court, may be in excess of or of a different type than the deprived parenting time;


o taken within one year after the deprived parenting time; and


o at a time acceptable to the parent deprived of parenting time.


o





2. If the court finds that a party has wrongfully failed to comply with a parenting time order or a binding agreement or decision under section 518.1751, the court may:


o impose a civil penalty of up to $500 on the party;


o require the party to post a bond with the court for a specified period of time to secure the party's compliance;


o award reasonable attorney's fees and costs;


o require the party who violated the parenting time order or binding agreement or decision


of the parenting time expeditor to reimburse the other party for costs incurred as a result of the


violation of the order or agreement or decision; or


o award any other remedy that the court finds to be in the best interests of the children


involved.


A civil penalty imposed under this paragraph must be deposited in the county general fund and must be used to fund the costs of a parenting time expeditor program in a county with this


program. In other counties, the civil penalty must be deposited in the state general fund.


3. If the court finds that a party has been denied parenting time and has incurred expenses in


connection with the denied parenting time, the court may require the party who denied parenting


time to post a bond in favor of the other party in the amount of prepaid expenses associated with


upcoming planned parenting time.


4. Proof of an unwarranted denial of or interference with duly established parenting time


may constitute contempt of court and may be sufficient cause for reversal of custody.





Right of First Refusal


Under Minnesota Statutes the court may also allow additional


parenting time to a parent to provide child care while the other parent is working if this arrangement is reasonable and in the best interests of the child. In addition, the court shall consider:





1. the ability of the parents to cooperate;


2. methods for resolving disputes regarding the care of the child, and the parents' willingness to use those methods; and


3. whether domestic abuse, as defined in section 518B.01, has occurred between the parties.Need a good sight for laws/statutes in MN regarding parents that break Court Ordered Parenting time?
police reports always work well in court because they are not involved. statements from officials like school teachers, child protective services, doctors or nurses are always good. if oyu can bring one of these people with you to court, that would help even better.





on my court order....it says jail time could be ordered in addition to court fees.

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