Non-Compliance with Visitation Orders in North Dakota
In North Dakota, visitation rights are legally binding and are typically established during the divorce proceedings. If your ex-spouse fails to comply with the visitation schedule, there are several steps you can take to address the issue.
Document the Incidents
The first step is to document each incident where your ex-spouse fails to show up for visitation. This includes noting the date, time, and any relevant circumstances. This documentation can serve as evidence if you need to take legal action.
Communicate with Your Ex-Spouse
Before taking legal action, it may be beneficial to communicate with your ex-spouse about the missed visitations. There may be a valid reason for their absence, such as a misunderstanding about the schedule or an emergency situation. If the missed visitations continue despite your communication efforts, it may be necessary to involve the court.
Legal Remedies
If your ex-spouse continues to miss visitations without a valid reason, you can file a motion with the court that issued the visitation order. This motion can request the court to enforce the visitation order or modify it.
According to North Dakota Century Code 14-09.4-13, the court may issue an order directing the respondent to appear in person with or without the child at a hearing. The court may also enter any order necessary to ensure the safety of the parties and the child.
Role of the Court
In a child custody proceeding in North Dakota, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child (North Dakota Century Code 14-14.1-21). If a party to a child custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given under section 14 -14.1-07 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
Parenting Investigator
In some cases, the court may appoint a parenting investigator to gather information about the child and the parents. The investigator may consult any person who may have information about the child and any potential arrangements for parenting rights and responsibilities (North Dakota Century Code 14-09.4-03). The investigator’s report, which includes conclusions and recommendations based on the facts, is filed with the court and served on the parties at least 30 days prior to the hearing.
Conclusion
Non-compliance with visitation orders can be a serious issue. If your ex-spouse is consistently missing visitations, it’s important to document the incidents, communicate with your ex-spouse, and if necessary, seek legal remedies. Always consult with a legal professional to understand your rights and the best course of action in your specific situation.