Denying Dads Access To Children

Ranked #132 in Relationships & Family, #19,251 overall

In a 1990, US Dept. of Health & Human Services study, "Survey of Absent Parents" it was shown that 60% of divorced fathers needed to file to enforcement their court orders access (visitation) rights within six months of receiving the order. However, despite this, within five years they lost all contact with the children due to frustration with the lack of help from the courts. This is why it is important to learn what can be done to prove a case; AND without an attorney.

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Visitation Rights Video

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Initial Steps

Part of the problem with getting visitation enforced is to possess the knowledge on what to do to prove your case. For this, see Collecting Evidence below.

It's most important that you keep a
DAILY JOURNAL of all your activities, and not just your contact with the child(ren). There does not need to be any violence for a claim of violence to take place. A mother can obtain a restraining order because she fears the father's reaction due to not seeing access to his child(ren).

A restraining order can be filed up to a year after a supposed event in most states. With a Daily Journal, you can look back to see what you were doing that day and who witnessed it, such as being 30 miles away, as was the case with this father.

One night in June, he was helping to remove a tree out of the roof of a neighbor's house, after a severe storm. Five months later, the mother of his children claimed that on that night, he had shot out her car windows. She even had a police report to back up her claim. She also claimed in the report that later he bragged about it in a phone call. With the Journal, he was able to produce witnesses at the RTO hearing to show she was lying.

Please note that there is a drawback to doing this. When a mother is unsuccessful in a false allegation of domestic violence, it will progress quickly to child abuse, and within two years, to child sexual abuse allegations. Note that if legal in your state, you should also
record all conversations with her. Any recordings need to be transcribed into your Daily Journal.

Take note here that in some states, denial of court order visitation is treated the same as "Interference With Custody" or "Parental Abduction". Though Prosecuting Attorneys usually refuse to enforce the law, getting a police report can help as evidence. In Missouri, the law is
RSMO 565.156 §5.

Intent To Deny Access

If there's intent to deny access, prepare a "Notice of Intent to Exercise Visitation" letter stating the specific dates as laid out in your order. Add to this a "Notice of Intent to Exercise Parental Rights" in the same legal format of your other court papers. Sign both and make six copies.

Mail the originals "
CERTIFIED MAIL" and another set with just "DELIVERY CONFIRMATION" (75¢ + postage). If she rejects the Certified Letter, she will still receive the letter with Delivery Confirmation. Remember that these are two different type of mail. To get a Confirmation of Delivery printout, go to the USPS web site at the link below.

If the Certified letter or the Certified Letter Confirmation of Delivery Card, with her signature on it come back, attach either (letter unopened) to a copy of the "
Notice of Intent to Exercise Visitation" letter and "Notice of Intent to Exercise Parental Rights", plus the printout of the Delivery Confirmation from USPS.

Take these documents to the County Courthouse and have the Clerk of the Court notarize and place them in your case file. It's very important that you repeat this process each time you are to exercise your visitation until either she obeys the orders, or you go to court. The judge before any hearing reads this file, so he will see your efforts to resolve this issue without involving the court.

File the remaining copies for future use.

If the other parent continues to deny you access, you need to decide if you want to use an
Attorney or go Propria Persona (Pro Se) in taking an enforcement action to the courts.  The Federal Government has made funding available to states for developing model programs to ensure that children will be able to have the continuing care and emotional support of both parents. Check with your local Chile Support Enforcement Agency and/or the Clerk of Court to see what resources are available to you and to find out about laws that address custody and visitation.  There are also Document Preparation Services that can help.

If you wish to use an attorney, you need to take the time to
"Interview Attorneys" before picking the one to work with. Prepare a "Chronological Statement" expressing a history from the time you met her up until now.

A common complaint in dealing with this action in court is a claim of bias on the part of the judge.  For the most part, the issue is not as much bias as it is a lack of preparedness, including using the right attorney. However, to address any potential of bias it is best to use
Court Watchers, which are persons who are there to witness the proceedings, and not to give testimony.

If you decide to represent yourself in court, check with your Clerk of the Court for forms for filing an enforcement action. If they do not have one specific for visitation, the ones for child support will work as a template. You need to produce a
"Notice of Exercise of Parental Rights", filing with the court and having the judge sign it. Serve or have it served on the other parent, depending on the requirements of your state. In Kansas, it can be sent by Certified Mail.

Produce a
"Notice of the Court of Denial of Exercise of Parental Rights" and "Motion to Show Cause for Contempt of Court of Denial of Visitation" for filing with the court.

Note: This is where it can get complicate in what choices you wish to make. If held in Contempt of Court, this is a "CHANGE OF CIRCUMSTANCES", which are grounds for a Change in the Custody Arrangements. You or your attorney needs to have a "Motion for Change of Custody" ready to hand the judge.

Proving Denial Of Access

  1. Take a witness along with you, preferably an off-duty police officer, deputy sheriff, or another neutral official. Have your witness stay in your vehicle, but with the window down so that he/she can hear the tone of the conversation, and with the vehicle parked in such a way as the witness can easily see you all the time.

  2. Take a copy of your divorce decree along with you which shows that you are supposed to see the child(ren) on that weekend, and at that time. DO NOT BE EVEN 5 MINUTES LATE.

  3. Take a tape recorder with you. Have it running from the time you approach the residence, and do no stop it until you leave. DO NOT have it on the "voice activated" setting as you need to show the time elapsed during your stay there. Keep it running as you leave the area.  (see this link on legality)

  4. As you approach the residence, state the following facts into the recorder:

    • Your complete name;
    • The address you are approaching;
    • The reason you are there ("l am going to see my son/daughter/children as this is my weekend to visit with them...." etc.);
    • State who is with you and why;
    • State the time of the day and a.m. or p.m.
  5. As you leave, state that you are leaving and state the time and briefly what occurred which did not appear on the recorder (she/he made an obscene gesture, etc.).

  6. Keep a calendar of each denied visitation, and keep a written record of the number of recordings you have.

  7. Make sure you have a credible witness each time that you try to go see the child(ren) and DO NOT MISS A VISITATION PERIOD.

  8. If she/he calls the police, keep the recorder running as long as they will let you.

  9. Remember to use a new tape for each attempted visit, and make sure it is blank except for your attempted visits, as admitting a tape into evidence admits the whole tape, and everything on it.

  10. When recruiting a person to go with you, always have a back-up just in case your first choice cannot make it, but DO NOT GO ALONE. Start out early to give yourself plenty of time; you can always stop at a store near her/his house and get a soft drink to kill time. NEVER drink a beer or any other alcoholic beverage before going there.

  11. If your child(ren) come to the door before they can be told to go back into the house, the first thing you say to them is, "I love you and miss you." They simply come first and must know that your absence has not been their fault and that you have not wanted to stay away.

  12. DO NOT ARGUE with your ex regardless of how hurt you are and how mad you are or what your ex has to say. Staying calm and recording the conversation is the smart thing to do and will get her/him in the long run and make you and your child(ren) the winners.

Sample Statement

To Make At The Door

"I am here to exercise my visitation . Going by our court order, I am to pick up (child[ren]'s name[s] ) at this time."

(If told that you cannot see the child, that they are sick, or that they have other plans, then use one of the following)

"I have a copy of our divorce papers which says that this is my weekend with ________________ (or "the children") and I miss them very much and want to be with them, and I know they miss me."

(If illness is claimed:) "What is wrong with ."

(Then say:) "I will take their medicine with me, and see that it is taken as ordered by the doctor."

(If you still are refused, say:) "I want to see and that I am sorry he/she is sick. Who is the doctor, so that I can talk to him/her and see how is doing?"

(If still refused, then leave with the recorder running and follow other instructions.)

(If told that "they have other plans," say:) "I can take them where they are going if you will tell me when and where."

Sample Notices:

Child Refusing

To See Other Parent

This is an issue that's frequently brought up, along with the right to choose what parent they wish to live with.
This issue particularly arises as children enter their teen years. They don't want to be required to spend time with a parent, either parent. They think of themselves as almost adults, and thus can make their own decisions.

Let me start with the view on one teen on Joint Physical Custody.

Equal Time - A Teen's Views On Joint Custody
How I divide my life between my divorced parents' homes.
By Charlotte Juerge - Newsweek - Dec 15, 2008

"My parents divorced when I was 2 years old. Because I was so young, I cannot remember anything of how the divorce actually felt at the time. But 12 years later, I am quite content with my life and my parents. Unlike many divorced couples with children, neither parent has primary custody of me, but rather, I switch between my parents' houses every other day, spending roughly equal time with my mother and my father."

For younger children, the argument can be postulated that
Parental Alienation may be involved. This is a controversial issue with arguments presented on both sides, but cases involving child abductions where the abductor simply wanted a child, has shown how easy it is to alienate a child, from both parents. But, even teens can be alienated from a parent, or both parents.

The main issue here is not their right in choosing to spend time with the other parent, but their right to ignore and dishonor the authority of the family court. One has to wonder how many males that ignore child support orders were raised to believe it okay to ignore any family court orders, which includes the visitation orders?

If a child, whether by choice or through the influence of a primary parent, doesn't wish to spend time with the other parent, this issue has to be first brought before the court for consideration. The child can explain to the judge, outside the presence of either parent, why they feel it's in their own best interest as to why they no longer have a need for the parental influence of the separated parent?

There are reasons for the need of two parents, but if the child(ren) are getting tired of switching homes, perhaps it's time for the parent to be doing the switching.

This is what I suggest to the kids faced with choosing which parent to live with. As an alternative, why not ask for
Joint Physical Custody Of Your Parents?

Tell them that you want to remain in a home, and each of them there for three weeks, than switch. Once night a week, the parent not in residence takes you out to dinner or some other activity. While in the home, the resident parent does not date, or have overnight guests, other than relatives.

On the off weeks, the parent rents a room, stays with relatives, their friends, or they can split the cost of a two bedroom apartment, with each having their own bedroom.

The priority here is you not having your life disrupted by their choice not to be together. Their lives are equally disrupted and they split the cost of your home.

The support amounts each parent are obligated to provide for your care can go into a
TRUST FUND. From the trust fund, expenses for the home and your standard expenses, are paid.

All this follows in accordance with federal laws dating back 100 years as regards Trust Funds that have been established for guardians to draw from when parents have been killed in an accident. Also in cases involving child stars (The Coogan Act-1939) where the law is designed to prevent their parents from spending the money for their own uses.

Any money left in the account would collect interest and be available for emergencies, or special expenses, such as part of the cost of a car, or a college education.

This is called
Bird Nest Custody. YOU STAY IN THE NEST WHILE THE BIRDS TAKE TURNS BEING THERE.

Related Articles:

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Faking Separation Anxiety

Via Child Abuse

Article originally posted on AngieMedia

Separation anxiety is a behavior normally found in infants and small children when a loved one is moving out of contact with them. They become worried and uncomfortable, anticipating the absence of the loved one. Often this loved one is a parent, other times it is a relative or a familiar care provider. This is a normal part of the development of children and tends to go away by the time they are around three or four years old. But not all behaviors that appear to be separation anxiety are in fact so. Alarmingly, sometimes such behaviors are the result of premeditated child abuse by the parent handing over a child to another person, particularly to the child's other parent.

  • Personality Disordered Abusers Hurts Kids To Hurt Ex and Win Custody
    When you're a divorcing or divorced parent of a child you had a with a sociopath, psychopath, or other Personality Disordered Abuser (PDA), there's a chance you will come face-to-face with the reality that your ex is willing to abuse your child to make it look like he or she doesn't like being returned to you. The ex wants to worsen the separation anxiety, or at least the apparent "symptoms" of it, often in front of witnesses whom will be asked to write declarations or testify in court or to talk with psychological evaluators, therapists, CPS, and court-appointed mediators. The PDA expects these reports that the child doesn't like to be returned to you will help ensure your custody is reduced and the PDA's custody is increased.

    Screaming and Crying Triggered By Hidden Physical Abuse
    Crying Child abuse visitation divorce paternityOne of the most common techniques to create the impression of separation anxiety or fear of the target parent is for the abusive parent to cause pain to the child as the child is being handed over to the other parent. The PDA may use a variety of simple but hard-to-detect techniques to do this. Pinching, poking, hot or cold objects, or other small and inconspicuous sources of pain are frequently used. These are generally unlikely to leave injuries severe enough to be evident after a few minutes, but they are fully capable of causing a baby or small child to scream and cry abruptly and with great intensity.

    A malicious father was attempting to convince the court that his baby disliked the mother and this was showing up via crying and screaming at exchanges. He claimed the baby was suffering from separation anxiety and therefore he should have more time with the child and the mother less. The mother was fortunate enough to have access to a multiple camera surveillance system at the exchange site, something very few people have. She was able to play back the video and watch carefully and could see the father was poking the baby with something sharp to provoke the crying. If she did not have access to the video recordings, she would probably have never known for sure what was causing the crying. More importantly, she would have been unable to prove the abuse and prevent the situation from happening again.

    A father who experienced a similar situation during exchanges at public locations without cameras believes that his malicious ex was pinching the baby to cause her to scream and cry, but he was never able to prove it. The father observed that his ex would hand him the baby and the baby was fine. Then she would insist on getting the baby back again, pulling the child from his arms. The baby was still fine. She would often do three or even four rounds of this handing the baby over and pulling the baby back until the baby started to scream while being handed back to the father. This was common at exchanges when the mother had her friends watching, but seldom happened other times. The father’s family members who were present at such exchanges noted that the baby showed absolutely no sign of distress or discomfort until the very last handover and that it started abruptly and with great intensity, as if the baby had felt a sharp pain.

    An abusive parent familiar with nutrition or with a medical background may resort to feeding a baby foods or drinks spiked with substances with short-delay reactions to cause discomfort and crying. A baby will be unable to express the pain from the itching and burning except by crying and screaming. As crying and screaming are known to create skin redness, that symptom, which can be caused by some of these agents, won’t appear unusual. While it is possible to run medical tests that might detect this type of abuse, few doctors would ever consider it a possibility unless they are familiar with sociopathic and psychopathic behaviors in child custody battles.

    Malicious parents like these are child abusers, but they are very good at hiding it. They abused their own children right in front of witnesses to create false impressions and manipulate the court and other professionals to whom their witnesses would speak. Without solid proof such as via photographs and video recordings showing the abuse, the courts are prone to reward child abusers like this for hurting the children by giving them increased custody.

    Creating Emotional Discomfort With Words
    Other common techniques PDA's use to cause the perception of separation anxiety involve manipulating a child with words. This probably is not so effective for school-age children who both are more independent and are able to more accurately report what a parent tells them, but it can be effective for toddlers.

    The PDA will start talking at the exchange with the child in proximity, often even holding the child, about how much she or he will miss the child, how sad he or she will be while the child is away, how the child needs her or him (or vice versa), how it will be so long before they will see each other again, and other statements designed to stir up the child's emotions. The PDA may make excuse after excuse about why the child isn't ready to go with the other parent while continuing to rile up the child, often right in front of sympathetic friends who are so biased and incompetent that they cannot recognize the poor parenting, parentification, and emotional child abuse behaviors happening right in front of their faces.

    On returns, the PDA will make a big fuss if the child does not display overt and extreme emotional attachment. For instance, if the child is busy drinking a juice box or eating a snack and doesn't run up to hug the abusive parent and shower her or him with emotional platitudes, the PDA may criticize the child or even break down crying to "prove" to the child that his or her behavior was unacceptable and hurtful. It is emotional blackmail to force the child to show the abnormal intensity of affection the abusive parent wants to see both due to his or her own abnormal needs as well as to influence witnesses who will see how attached and affectionate the child appears to be.

    Even children who do not fall for the emotional manipulation easily can get caught up in the dysfunctional behavior. One child who was subjected to this repeatedly by her mother over time learned that she must run up and hug her mother every time she sees her or else her mother will cry. The child also displayed parentification behaviors with her father, telling him that he shouldn't cry and it will be all right when she is not with him. She did this even though he never cried at exchanges and never subjected her to emotional manipulation like the mother was doing.

    Programming Kids To Express Dislike
    Some children, particularly around 2 to 4 years old, are bright enough to be able to repeat what they are told so say convincingly, but not bright enough to realize they are being manipulated. A PDA can tell a child to say he or she doesn't like exchanges, wants to go back to the PDA parent, doesn't like the spending time with the target parent, and other similar comments.

    If you suspect that this is happening, you may be able to get your child to reveal it by asking "what made you say that?" or "what do you mean by that?" The child may reply that he or she was told to say it. Other times, the parent may hear a nonsensical reply indicating a lack of understanding like "I don't know, but I just like saying it." A child responding in such ways is likely being manipulated.

    Exchanges Should Be Smooth, Peaceful, and Devoid of Emotional Intensity
    Any decent parent loves his or her children and of course misses them when they are not around. But a child of a dismantled family shouldn't be subjected to emotionally intense events when he or she moves back and forth between the parents. A good parent will try to minimize the emotional impact on the kids, make sure the kids know they will see him or her again in a few days, and remind them to have a good time with their other parent.

    For small children in particular, playgrounds can be a great place to do exchanges if you're either not faced with a PDA as the other parent or the other parent will abide by some rules and behaviors to ensure the exchanges go smoothly. The returning parent can tell the children that it is time to go play with the other parent and that they will see each other soon. Then get the children playing at an activity that is safe at their age without arms-length supervision. Swings, slides, sand toys, and other activities are often good.

    The activity should be age appropriate in its entirety and require nobody to be within 20-30 feet of the child for a minute or so. For instance, putting a 18 month old baby on a swing designed for an older child is not a good idea, but it would be fine for that child to be a bucket-seat swing from which it is very difficult to fall out. If there are siblings, get them involved, too. An older sibling can play leader for a younger one or push a swing.

    Once the kids are busy playing, do the exchange. The parent accepting the kids shows up and says hello and joins them in their play. The returning parent leaves, perhaps waving goodbye as he or she exits the park.

    Such exchanges are great for kids because they are fun events without emotional intensity of parents arguing and feeling like they will miss one parent.

    Older kids are often best exchanged via school or camp. One parent drops them off, the other parent picks them up. They have hours to decompress from whatever a PDA may have done to them on the drop-off and will likely appreciate they don't have to deal with their warring parents in the same place at the same time.

    PDA Dislike Smooth and Peaceful Exchanges
    A PDA doesn't like exchanges like these. This is one of the ways you can recognize a PDA for what she or he is. They will often try to cause trouble at these exchanges by refusing the follow the rules, involving other people to put pressure on the children to make them upset, and even verbally insulting or physically attacking the other parent directly or via a proxy such as a friend.

    They don't like such effective and peaceful exchanges because they don't serve their needs which include hurting the other parent and demonstrating that the children don't like the other parent or likes the PDA parent more.

    Abuser's Friendly Witnesses
    Often the PDA will bring "witnesses" to exchanges who are gullible do-gooders, friends with benefits, or worse, are malicious themselves. It is typical for them to be friends of the PDA from churches, social groups, and current or former workplaces. They are likely to have heard horror stories about you for months or years. They will often be at a distance, watching supposedly to "protect" your PDA ex from you. The PDA may have told them the court ordered this because the judge is afraid of what you'll do without people around for protection. They are too gullible to realize that if the judge truly thought that was a significant risk, orders would have been made for the use of police officers or professional custody exchange monitors to ensure safety.

    The distance the PDA will have her or his associates maintain is far enough that they cannot truly see what is going on well. Further, these people are often not objective and have been brainwashed by a distortion campaign against you to believe that any odd behaviors the child shows must be somehow your fault. They probably lack training in psychology and have no experience with high conflict and pathological divorces. They are therefore completely unable to recognize emotional and even physical child abuse happening right in front of their eyes. They are so invested in their belief that the PDA is a victim and you are the abuser that anything short of shockingly severe evidence to the contrary is ignored or rationalized away.

    Pre-Verbal Children More Vulnerable
    The children most vulnerable to these games are ones who cannot yet talk. That's because they can do little to express what negative things are being done to them or how they are feeling other than to cry or scream. But older children are still somewhat vulnerable, especially to emotional abuse they cannot yet understand that makes them feel insecure and miserable, concepts they may not be able to express in their limited vocabulary.

    You can get some ideas of how your children are handling exchanges by asking them how they feel and what they like and dislike about the exchanges. A child who is having trouble will probably show it via expressions and tone of voice, even if she or he cannot muster the words to explain it.

    Why PDA-Style Abuse Is Particularly Evil
    The abuse visited upon the child by the PDA generally is not severe, for if it were, possibly the witnesses might wise up to what is going on. However, it is still child abuse. In some ways, it is worse than emotionally charged child abuse such as an angry and out of control parent striking a child for misbehavior. That's because the PDA premeditates the abuse, plans ways to accomplish it for maximum effect with minimum chance of detection and accountability, and is doing this not due to heated emotions in a disagreement but as a means to an end.

    Parents who engage in such abusive behaviors are also likely to engage in parental alienation, another form of child abuse, due to their refusal to accept that the child needs time with both parents. If you suspect your child is being abused by a parent trying to fake separation anxiety, you should be on the lookout for other forms of abuse.

    A PDA is likely to systematically repeat the abuses for months or years, sometimes at every opportunity that presents itself. This is again very different from an abusive parent who has trouble managing anger. You can see the out-of-control parent has problems easily and can see the damage they cause, but with a PDA, it is often difficult to see either except for people very close to the situation.

    The Original Omen Series At Amazon Dot ComIf you have ever watched a horror movie in which there is an evil child hurting other people (consider young Damien Thorn in the Omen movies), contemplate this parallel. A normal angry child may lash out and hurt people he or she loves — biting a sibling, hitting a parent, etc. — and then later regret it after calming down. But a PDA is like Damien Thorn, they can look calm and reasonable, even like innocent victims, while planning to hurt another person or actually doing so. Many of them feel not even an iota of regret for their actions and will hurt people again and again so long as it serves their purposes. This is why they are so dangerous to the people around them, including their own children.

  • Further Reading
    Counteracting Tactics for Interfering With Custody and Visitation
    Co-parenting With A Sociopath (Borderline, Narcissist, etc.)
    Personality Disordered Abusers in Family Law Courts
    Personality Disordered Abusers in Psychological Evaluations
    Defending Against False Child Sexual Abuse Allegations (Part 1)
    Recovering from Personality Disordered Abusive Relationships
    Separation Anxiety in Children: Easing Separation Anxiety Disorder
    Harming Your Child by Making Him Your Parent

Writing Letters

Fathers are a frequent target of the media and politicians in citing what they think is wrong with America. They blame us for fatherless children, even though 40% of divorced/single mothers deny fathers access to their children.

They call us deadbeat dads, even though only 3% of those ordered to pay child support refuse to. They claim that millions of single mothers are not getting child support, without mentioning that 75% never applied for any, and/or do not know who the father is.

If we are to curb the negative picture presented about fathers, then fathers need to be expressing their opinions on that. You can be doing that by writing letters to your politicians, and to the Editorial Letter page of newspapers.

These links will teach you how to do just that. Consider doing that at least once a month.
We cannot make our voices heard if we are not willing to speak up.


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George_McCasland

   For 21 years, I've used my spare time to work with fathers in distress. This can range from the father dealing with daily abuse of a violent... more »

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