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Is your ex refusing access to your children? Here’s what to do

Divorces can be extremely difficult, especially for couples with children. Things can become more complex when your ex disregards a child custody and visitation order and refuses to let you see your children.

For example, imagine you are a parent who was granted custody of the children on weekends. It’s Friday night and you go to the normal meeting place to pick up your children from the other parent, but no one is there. You call your ex, but no one answers. Instead, you get a text message that this weekend isn’t going to work out. However, it continues to happen over the next few weeks. What options do you have?

Many times, spouses in these situations do not want to involve a court right away. Simply, they just want to see their children while keeping an amicable relationship with the other parent. If you are a parent in this situation, it might be helpful to try the following steps:

  1. Talk to your partner: First, try discussing your concerns with your ex and understanding his or her point of view. Also, try conveying to your ex that you wish to resolve your dispute without involving the courts.
  2. Use a family mediator: If you and your spouse are not able to come to an agreement, it might be beneficial to consult with a mediator. Mediation can help a couple reach a mutual arrangement by using a neutral third party to facilitate the discussion.
  3. File a request for order with the court: If you cannot resolve your dispute using consensual dispute resolution, you might be required to involve the court. It can be helpful to have documentation of the times your ex refused access to your children in order to get through the process as quickly and efficiently as possible.

If talking with your partner is not working, and you do not want to go to court, mediation is likely a good option for you. It can be beneficial to consult an attorney who is experienced in consensual dispute resolution to assist you with the mediation process and establish an arrangement that works for you

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Nachlis & Fink
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