VISITATION VIOLATIONS DURING THE CHRISTMAS HOLIDAYS AND COVID-19
If a custody order describes in detail the periods of possession during the Christmas holiday, this order will be binding on both spouses. The custody order is binding civilly and NOT criminally. This is an important distinction to make before you decide to call the police. All of family law, with few exceptions such as domestic violence and protective orders, are governed within civil jurisdiction and not criminal jurisdiction.
Now if your spouse refuses to release the child into your custody at the prescribed time mandated within the temporary custody order then there are certain things that you should do to ensure it is properly documented for future civil contempt proceedings.
1. Call the police. Many police departments will not respond because temporary custody orders are not criminally enforceable, but if the police department decides to respond then you may request a police report to be filed, noting that your spouse deliberately violated the temporary custody order. This may be used in Court to persuade the judge to hold your spouse in civil contempt.
2. Save any text messages, emails, or recorded phone calls that demonstrate your spouse’s refusal to deliver the children into your custody during Christmas.
3. Call your attorney and notify them of your spouse’s refusal to deliver the children into your custody.
4. Do not get into a physical confrontation with your spouse!!!