Custody & Kidnapping

In some situations where a person does not qualify for a protection order, it may be possible to modify an existing custody/visitation order due to the actions of a parent. It is common that when there is harassment or a history of domestic violence, an order may be modified to ask that visitation exchanges take place at a supervised visitation center, a police precinct, or that someone other than the parent be the one to do the exchanges. In fact, sometimes even without modifying the order in court, a parent may ask a friend or relative to be the one to exchange the child with the other parent. Or depending on the age of the child and the location of the exchange, the parent who is being harassed or abused may decide to stay in the car and allow the child to enter the other parent’s house on his/her own (assuming that’s where the exchanges are). Does your court order specifically state that only the parents can be the one to exchange the child? Or do you have anyone in your life that you think might be willing to exchange the child in place or you? Would you child be old enough to safely enter the other parent’s home without your escort? Before making any changes without the permission of the judge, you may want to talk this through with a lawyer for advice. [HYPERLINK]

Another issue that can be addressed in modifying a court order is the type of contact that is permitted between the parents. Again, sometimes the order could say that contact needs to go through a third person, such as a family member, or there could be a clause added that contact must not be harassing and can only be in writing (text, email, etc.) This way, there would be written proof of the harassment that could serve as a violation of the court order.