Quote:
Originally Posted by #1StepMom
. (You can even increase your chances of them sending an officer by mentioning that you fear your ex may be under the influence of something because she is being unreasonable by denying you access without reason, which has never happened before, and that you fear for the safety of your daughter.)
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Sorry S.M. but IMHO.....THAT is definitely
NOT the way you should handle this situation!!!
Making false accusations against his ex and outright LYING to the Police is NOT going to get this guy access to his daughter.
He could be charged with making a false/misleading Police report.
We don't know the reasons WHY his ex has denied him access, and regardless if whether she is being completely unreasonable or not.... it is irresponsible to advise a person who is angry and vulnerable... to do something illegal.
Fireweb.... you are in a very volatile situation right now, and you can either choose to try and mitigate the conflict, or throw fuel on the fire.
IMO, I think that you should file an urgent motion for access. Showing up at the door with the cops is not only highly confrontational, but is surely NOT something you want to subject your child to??!!
I understand your concerns; however, a properly organized and mediated family court application will be much more effective than trying to physically force your ex to release the child to you, under threat of criminal charges...
You may be making a bad situation worse... and inadvertantly causing further and more severe/ permanent conflict with your ex.
Legally, your child has a right to have a relationship with BOTH of her biological parents, and YOU have rights to have access to your child.... rights that your ex cannot unilaterally deny.
Unless you are proven to be COMPLETELY unfit to be near your child, the court
will uphold your access order. There have even been cases of CP losing custody of their children due to refusing the NCP access!!
You said this is the first time she has refused your access.... you said her reasoning didn't make any sense... it is possible that this refusal is a one time occurance... or she could be setting you up. You wont know until the proper steps are taken through the courts.
You need to keep calm, and have a clear head when dealing with this situation. Act as reasonably and as responsibly as possible. Document this occurance and discuss it with your Lawyer as soon as possible.
Good Luck.
btw.... refusing an access visit is NOT kidnapping. Don't go there, it will make you appear like you are overreacting and being unreasonable.