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davepamn

M$1.00 Funded By Mahalo ? | May 06, 2009 01:57 PM

Can a police officer be requested to enforce visitation privileges?

Suppose, that one divorced parent wants to take his children to different state but does not have enough seat belts for each child in the vehicle and the other parent does not want the children to go, for safety reasons. The father's claims vistation rights allow him to take the children and the mother would is the guardian has no say.

Further, suppose the father and a police officer arrive at the home and ask to come inside. The police officer hears the complaint from the mother, but tells her, "I can't stop him from taking the children because they don't all have a seat belt. I can only ticket him, if there is a moving violation or accident."

The mother is forced to deliver the children to the father. What should the mother have done?

Should the police officer been allowed in the home without a warrent?

Is the police officer acting above the law?

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zardoz

May 06, 2009 02:28 PM

I worked in law enforcement from 1995 to 2003 in Colorado. While I don’t know what state you are in or what the specific laws for that state would be anyway, I can tell you this:

If the visitation time during the vacation is court ordered, yes the police can and must enforce the court order and the mother has no control over where the father takes the children unless there is a stipulation in the court order that states the children can not leave the state or something like that.

A police officer can legally enter your home without a warrant if there is evidence of a crime taking place or someone is in danger, however an officer can always ask to be allowed in to your home. If you agree there is no need for a warrant. If some kind of criminal activity is observed at this time he may be required to obtain a warrant in order to search the home, but he can secure the premises while waiting for the warrant.

No it sounds as if the officer did exactly what he should have done.

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davepamn

May 06, 2009 03:27 PM

I say "resist not evil". The woman did the right thing by surrendering the children.

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