Family & Relationships Marriage & Divorce

High Conflict Child Custody - False Allegations of Abandonment at Visitation

It never fails to amaze me at how cruel parents can be with each other when it comes to visitation with their children.
During high conflict custody battles it is all too common for emotions to be running high and parents to be focused on hurting each other and using the child to do it.
Yes, it is far more common than you might think.
But how do you defend yourself against the false allegations of abandonment? First let's look at the circumstances.
As it turns out these accusations come about as a result of a hurt parent taking advantage of the caring parent who is putting their child's interests first.
The caring parent drops off the child, or allows the hurt parent to pick up the child for visitation.
Then the hurt parent tells the caring parent that they will never see their child again and that they will file charges of abandonment.
But how does a caring parent fight back? First things first.
It is very common in this circumstance for the hurt parent to be abusive.
If this is the case file for a restraining order immediately.
If you have an existing order you will want to call the police and ask them to enforce it.
This will end this episode but you need to document this and go back to court and ask for sanctions if it happens again.
If you don't have an order you need to make sure you do your due diligence.
You need to make sure you document that you have asked to have the child returned to you at the expected time.
Document your phone calls, text messages, and emails.
The word routine is very important here.
Courts love when children have routines and hate when they don't.
A parent who causes the routine to be broken can be in for a tough time in court.
After you've made your calls, texts, and emails you need to contact the police and ask them to have the child returned to you for your normal schedule (routine).
The police may help you and they may not, but you are establishing a pattern here that will clearly show that you have not abandoned your child.
If you don't get the child back then you need to ask the police to do a welfare check.
This is a normal activity that they perform for the public.
Just explain that you are in a custody battle and you need to know your child is ok.
Again, this shows you have not abandoned your child.
In the mean time you need to file a motion for an emergency screening.
An attorney is preferred but the self-help people at your local family courthouse can help you file the correct paperwork.
The court can help you through the process of screening and meditation.
Once you have an order in place your life should be much smoother.
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