The judge can issue an emergency visitation order to any parent who has custody of the children. This order will allow the parent to take the children to the penitentiary without having to meet with the parent. The order typically lasts for 30 days. These orders are usually for the parent who is involved in a domestic violence case. They seek emergency custody to take the children away from the aggressor.
The need for visitation
A judge in a visitation case may decide that visitation is necessary for children. It could be a learning opportunity for the youths, or it could allow them to spend time with their father or mother in prison. This is sometimes done to foster the child. The judge will consider the best interests and welfare of the child paramount. He or she may direct the custodial parent to visit the other parent in prison to discuss the whole situation.
Family Court Judge
Family court cases are supervised by judges. The father or mother can petition the family court to remove parental rights, while the other parent is behind bars. This is to protect the children from any illegal activity or the trauma of being separated from their mother or father. The other side to this is that the jailed parent can petition the courts to have visitation rights while they are in prison. The ex-spouse could be required to bring the minor children to the penitentiary on specific days while the person is in prison.
Visitation rights can be disputed depending on when and who contacts the court. These complicated issues can make it difficult for a judge or court to decide who gets what visitation and how long. Depending on the charge, some judges may temporarily suspend parental rights to visitation while a person is in jail or prison. A judge may deny visitation to the father or mother for a longer period if the charges are more serious. The parent may also be granted restricted access if they are on probation or parole.
Prearranged plans upheld
If the father or mother is in prison, they will often arrange plans to provide for their children. If the ex-spouse is the parent of the children, they may allow visitation during the time the person is in jail or prison. This is generally optional unless the court has approved the plans and the judge has ordered it. The ex-spouse may then need to make sure that the children can see their mother or father, even if he or she is behind bars or in jail. This may be included in the prearranged plans when the custody is handed over to the other parent.
Involvement of the Court
Although the parents may be able to reach an agreement, the court could intervene and end visitation. The mother or father could then have no contact with their child until they are free. Judges may also limit the period that a person is on parole or probation. These situations often depend on the nature of the crime, the conduct of the parent while in prison or jail, and the circumstances surrounding illegal activity. These rights may not be available in the sentence is more severe.
The lawyer in the visitation situation
A south surrey divorce lawyer may be required by the person behind bars to strengthen the right to visitation while the mother or father is away and to ask the other parent to allow the time with the child.