I have had the hardest time getting my visitation enforced because officers in my ex-wife’s county will not enforce an order or make an arrest. Can I make a citizens arrest for custody interference?
The children are 9 and 11, I have joint custody and there is a court order in place for visitation. Officers have been called out and will not take action. In Texas it is a state jail felony to commit child custody interference.
No, the police are not getting involved for this is not a criminal issue, it is a civil. They are not required to act on your frustration for the no-compliance of your ex-wife–especially if she is the custodial parent.
You can not make a citizens arrest for her violating a civil (child support) court order. You can and should go back to the divorce lawyer and take her back into court for contempt. . Laws in Texas are much different pertaining to this sort of contempt of the order and the law. You might have "joint" custody–but she has the parental right and the main residence over you. We also are not aware of all the facts of your decree– only what your inquiry pertains to–always two sides to a story.
You do not mention how old the children/child are/is? This also makes a difference.
Start thinking like a women–not a man and you will do much better–keep one step ahead of her.
I would advise you , once again, to seek the advice of your attorney.
Good luck to you.
Edit: While I agree that it is a State felony for interference with court order–what you presented does not meet the criteria, this is why the police are not stepping in to interfere.
I understand your frustration–but, the police are correct in what they are doing, whether you choose to understand or agree with their decision’s.
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