How to Modify and Enforce Child Visitation Orders

December 2007

Part I - Modifying Visitation Orders
Part II - How To Get A Visitation Contempt Order
Sample forms
For more information

This pamphlet will tell you how to modify child visitation orders and how to get a contempt order if visitation orders are not being obeyed.

If you want to modify a visitation order, follow the instructions in Part 1. (Starts on page 1.)
If you want a visitation contempt order, follow the instructions in Part II. (Starts on page 9.)

Please be sure you carefully read all the steps in this pamphlet before starting your paperwork.

Part I. Modifying Visitation Orders

If you are having problems with visitation, you should first contact the Family Services Office in the court where the visitation orders were made. Someone from that office may be able to meet with both parents and informally work out the problems. If the Family Services Office cannot help you, this pamphlet is designed to help you ask the court to change the child visitation court orders.

There will be a $70 fee to file your Motion for Modification and about a $40 to $60 marshal's fee. (Note: Marshals used to be called sheriffs.) If you cannot afford to pay certain fees, you can ask the court to waive them by filing a fee waiver application. See the Legal Aid pamphlet, Guide to Fee Waivers).

If you can afford to get a lawyer to represent you, we urge you to do so. If not, be sure you follow the steps in this pamphlet very carefully. Please note that court and marshal procedures may be different from one part of the state to another. Read the entire pamphlet before going forward.

The procedures outlined will work only if:

A visitation order has been made by a court in Connecticut and the other parent of your child now lives in Connecticut;

AND

You can prove that there has been a "substantial change in circumstances" since the last court order about visitation. A substantial change means that there has been more than one minor problem. For example: a minor problem would be if one visit was missed because of a temporary scheduling problem, while a substantial change would be a work schedule change or if you think the other parent is hurting your child.

If both A and B described above are NOT TRUE for you, you will need to talk to a lawyer about your case.

Note: It is often much easier to use the court system if you are represented by a lawyer. If you cannot afford a lawyer, this book can help you represent yourself.

A. Fill Out Your Papers

1. There are a few forms you need to fill out and file with the court clerk (see list below). You can get the forms at the court clerk's office and on the State of Connecticut Judicial web site (www.jud.ct.gov). You also will need to fill out a letter to give to the marshal (included in this booklet) to get the papers served.

Court Forms

Motion for Modification (Form JD-FM-174).
Appearance (Form JD-CL-12). Only if needed. See Step 3.
Request for Leave (Form JD-FM-202). Only needed if the court asks to you fill this out. See Step 4.
Fee Waiver Application (Form JD-FM-75). May not apply to you. See Step 5.

2. Fill out a Motion for Modification (Form JD-FM-174) using Sample Form 1 on page 11 as a guide. This sample will help you understand what goes in the blanks. Do NOT fill in the second page of the form--the court clerk will fill that out. You can ignore questions about alimony or child support if you only want to change visitation.

You need to file your Motion with the same court that made the original order. (See Step B-5). If you don't know your docket number, contact the clerk's office in person or by telephone. Give the name of your case and ask for your docket number and the dates of any child visitation orders made or changed by the court.

3. Fill out an Appearance form (Form JD-CL-12). You only need to fill out this form if you have not already filed one, or you are the plaintiff (the one who filed the case), or you have had an address change, or a long time has passed since the final judgment was made. The Appearance form tells the court that you are representing yourself.

4. If you are asking the court to change a visitation order that was already made ("post-judgment"), the court may ask you to fill out a Request for Leave form (Form JD-FM-202). This form asks the court to give you permission to file the Motion for Modification.

B. Take the Papers to the Clerk's Office

5. Give your completed forms to the clerk at the courthouse that made the original order. (This is called "filing" the papers). The clerk will fill in the date and time when the other parent is ordered to appear in court, as well as the date by which the marshal must serve the papers.

6. In some courts, you must pay the filing fee (or file a Fee Waiver) at this time. In other courts, you pay the fee after the papers have been served. If you cannot afford to pay the fee, fill out a Fee Waiver Application (Form JD-FM-75). (See the legal aid pamphlet, A Guide to Fee Waivers).

7. Ask the clerk for a list of marshals to arrange getting the papers "served" (see below).

8. Make three copies of the original papers that the clerk gives back to you. Keep one copy for yourself; give one to the court clerk. The original and the third copy are for the marshal (see below).

C. Get the Papers "Served" (Officially given to the other parent)

9. Before you contact the marshal, fill out the blank letter to the marshal (white paper in the center of this pamphlet). Use Sample Form 2 as a guide. This letter makes it easier for the marshal to "serve" the other parent.

10. Contact a marshal who covers the town where the other parent lives or works. You can get a list of marshals from the court clerk or from the CT Judicial Department website.

The marshal's fee for serving the papers is around $40 to $60. Some marshals will bill you after the papers are served and some marshals make you pay before papers are served. You can call the marshal and find out. Tell the marshal if you have a fee waiver. Either bring or mail the marshal:

the blank letter to the marshal, and
the original Motion and one copy of the Motion.

11. After the marshal serves the papers, he/she will give you the original Motion of Modification with a Return of Service. The Return of Service is a paper signed by the marshal showing when and where he/she gave the other parent the papers. Make a copy of the Return of Service and keep it with your copy of the Motion. Some marshals file the Return of Service with the clerk directly.

D. File the Court Forms at the Court Clerk's Office

12. Bring or mail the original Motion of Modification, the marshal's Return of Service (and the Request for Leave, if applicable--see Step 4) to the clerk's office to file. You will have to pay the $70 filing fee unless the court waived the fee.

E. Present Your Case in Court

13. Be in court on the day and time set for the hearing. It’s a good idea to arrive about 15-20 minutes early. Note: Your witnesses (who must have personally seen or heard what they are testifying to) must also go to court. Witnesses might be the child’s doctor, teacher or someone who was watching how the other parent behaved with the child.

14. Go to the court clerk's office and ask about the way the court starts the day (called "opening" the court). Courts operate differently--some courts open with a "calendar call" (where the names of the cases are read out loud in the courtroom), while others do not call the cases.

If you do not have an agreement with the other party or if you think you need help writing down your agreement, also ask the clerk about signing up on the Family Services list. (See Step 15 for more on Family Services).

Calendar Call
- If you do NOT have an agreement, say, “Ready,” when your name is called. You will probably have to meet with Family Services to try to work out an agreement.
- If you do have an agreement, say, “Ready with an agreement” and follow the judge’s instructions. The judge may take agreements immediately after the calendar call.
NO Calendar Call
- If you do NOT have an agreement, find your name and room assignment on the list which is posted in the lobby. Then go directly to your assigned room to meet with Family Services. Put your name on the Family Services list.
- If you do have an agreement, prepare a “Memo to the Clerk” form (you can get it from the court clerk) to let the court know that you are ready to present your agreement to the judge.

IMPORTANT: Agreements do not change a court order until the judge approves or accepts the agreement and makes it an order of the court. Once the judge issues an order, you must follow it and abide by its terms.

15. Meet with Family Services. A meeting is only needed if you do not have an agreement or if you need help writing down your agreement. The Family Services Officer (sometimes called Family Relations Officer or Counselor) will ask both of you questions and try to help you reach an agreement.

The Family Services' Officer may make a recommendation to both of you about how to settle your disagreement. You do not have to accept his/her recommendation. You have a right to tell your side to the judge. The judge may order something different after hearing both sides. If you still have not reached an agreement after this meeting, you will have a hearing where you present your case to the judge. The judge will then make a decision. You will have to accept and follow his/her orders.

16. Present your case to the judge after your meeting with Family Services:

If you do have an agreement after the meeting,
- Write down the agreement. Both parties must sign it.
- In some courts you will need to fill out a “Memo to the Clerk” to let the court know you are ready to present your agreement. Just check the proper boxes.
- When your name is called, say, “Ready with an agreement.” Then follow the judge's instructions.
- Present the agreement to the judge for approval.
If you do NOT have an agreement after meeting with Family Services, you will have a hearing (called an "oral argument") where you will present your side to the judge.
- Go back to the courtroom. You may need to fill out a “Memo to the Clerk”. Check the box that says you do NOT have an agreement.
- When your name is called, say, “Ready.” Then go stand behind one of the tables in the front of the courtroom and follow the judge’s instructions.

What happens at the hearing (oral argument) if you DO NOT have an agreement after meeting with Family Services?

You will present your case first since you filed the Motion for a change in the court's order(s).
Be polite and respectful of the judge and the other side. The judge will probably require that you be “sworn in” (take an oath to tell the truth) before you testify.
Give your side of the story slowly and completely. Be specific as to what changes you want in visitation and give the reasons why you want these changes and why it is in the child's best interests to make these changes. Stick to the facts. The other side will have the right to ask you questions (cross-examine).
When you finish testifying, call your witnesses to the witness stand one at a time. Ask the witnesses to tell the judge what they saw. The other side can cross-examine your witnesses.
The other side will be allowed to present its case when you are finished presenting your case. You have the right to cross-examine his/her witnesses. Your questions should relate only to what they testified. Never argue with a witness. You also have a right to testify again to rebut (prove false) what was said.
The judge may allow both sides to make a short argument or summary after the witnesses have testified. You will probably be given the chance to speak first. Stay on the specific issues raised in your Motion and be brief.

The Judge Rules on the Case:

At the end of the hearing, the judge may either make a ruling "from the bench" (right at that moment). Often, though, the judge will say "I'll take the papers," which means that a decision will be made later. In that case, the court clerk will send you a copy of the decision that has the judge's orders. If you do not hear from the court in a few days, call the clerk and ask about the case.

Remember: At the hearing you will have to prove to the judge that the circumstances pertaining to the original visitation order have changed since the last visitation order was entered so that the original orders are no longer in the best interests of the child.

Part II. How To Get A Visitation Contempt Order

If someone does not obey court orders, he or she may be held in "contempt of court". For example, if the other parent does not allow you to visit the children as the court ordered, you may ask the court to hold him/her in contempt. If found in contempt, the offending parent may have to pay court costs (including the attorney fees of the other parent), may be ordered to allow the parent to make up the missed visitation time, and may be ordered to spend time in jail.

If you want a judge to force the other parent to follow the court order, you need to take some of the same steps as described in the first section of this pamphlet. The process is similar. That is, you need to fill out papers, have the papers served, file the papers at the court, and present your case in court.

Fill Out the Papers

Fill out a Motion for Contempt form (#JD-FM-173) available on the web at www.jud.ct.gov and at the court clerk's office. (Note, if you fill out the Motion for Contempt, you are the applicant. The person you want held in contempt is the respondent.) See our pamphlet, How to Get a Contempt Order for more information.

Take the Papers to the Court Clerk and Get the Papers Served

Follow Steps 5 through 12 in Part I.

Present Your Case in Court

Follow Steps 13 through 16 above. The process will basically be the same. Be sure to read What Happens at the Hearing above.
Stick to the facts. State what you want -- for example, you want a contempt order because the other parent failed to allow visitation. State what the previous visitation order was and how it has been disobeyed. Be specific.
Here is an example of what you might say:
"This court ordered on April 12 that I can visit my 10- and 8-year-old children every Saturday from 10 a.m. to 5 p.m. For the past month, every Saturday when I went to my ex-wife's house, she said I could not have the children, that they did not want to go with me because they wanted to go to a friend's house to play."

Sample Forms:

Sample 1 - Motion for Modification
Sample 2 - Marshal's letter BLANK Marshal's Letter
Sample 3 - Motion for Contempt

For more information

Statewide Legal Services: (860) 344-0380 (Central CT & Middletown) 1-800-453-3320 (All other regions)

This pamphlet was produced by the Legal Assistance Resource Center of CT in cooperation with Connecticut Legal Services, Greater Hartford Legal Aid, New Haven Legal Assistance Association, and Statewide Legal Services.

The information in this pamphlet is based on the law as of December 2007. We hope that the information is helpful. It is not intended as legal advice for an individual situation. If you need further help and have not done so already, please call Statewide Legal Services (see above) or contact an attorney.

Revised: December 2007