Notice of Suspension of Visitation:- In the intricate realm of family law, there are instances when circumstances demand immediate attention to safeguard the well-being of a child. Tulsa lawyer James Wirth sheds light on a specific legal tool employed in such situations within the state of Oklahoma - the Notice of Suspension of Visitation.
This notice serves as a crucial mechanism for parents grappling with concerns over child abuse, neglect, or the effects of domestic violence during court-ordered visitation.
Understanding the Notice of Suspension
The Notice of Suspension of Visitation is not a motion seeking a court date or a comprehensive review. As explained by Attorney James Wirth, it is a notice filed when a parent genuinely believes that allowing court-ordered visitation would jeopardize the child’s health. This notice is not mandatory, but it is considered good practice to provide preemptive notice in case the other parent initiates contempt proceedings for non-compliance with the court order.
The legal foundation for the Notice of Suspension of Visitation lies in Oklahoma Title 43, Section 111.4. This statute affirms that a parent, acting in good faith and with reasonable belief supported by factual evidence, can take necessary actions to protect a child from abuse, neglect, or the repercussions of domestic violence. This legal provision essentially serves as a defense against allegations of contempt when a parent refuses to permit visitation.
Legal Implications and Defenses
Filing a Notice of Suspension of Visitation does not alter the existing court order. Instead, it informs the court and the other parent about the defending party’s concerns and the intention to prioritize the child’s safety. This preemptive action becomes crucial if a contempt charge is brought forth, as it establishes a documented defense supported by the legal justification provided in the statute.
However, Attorney Wirth emphasizes that, while the notice is a viable option, the preferable course of action, in most cases, would be to file for emergency custody. Seeking emergency custody requires demonstrating an imminent danger of reputable harm through firsthand knowledge, as mandated by the statute.
This process involves submitting an affidavit and provides an avenue for a swift modification of the court order. Attorney Wirth advises consultation with an attorney before deciding on the appropriate course of action, as navigating these legal intricacies requires expertise and careful consideration.
Conclusion (Notice of Suspension of Visitation)
The Notice of Suspension of Visitation in Oklahoma emerges as a legal recourse for parents grappling with the delicate balance between court-ordered visitation and genuine concerns for a child’s safety.
Attorney James Wirth’s insights provide clarity on the purpose, legal basis, and potential applications of this notice. As with any legal matter, seeking professional advice before taking action is paramount, ensuring that the best interests of the child are served while navigating the complexities of family law in the state of Oklahoma.