How to Defend Yourself in Court Against a Visitation Complaint

Judges can change visitation terms based on complaints filed.

When spouses with children get divorced they must schedule visitations in which the noncustodial parent has time to visit with the kids. During the visitations, complaints can be filed by or against either parent if the ex-spouse does something to mess up the visitation schedule or fails to comply with the terms of the visitation rights. Visitation complaints are filed with the courts and a hearing is then held by a judge. If you do not wish to hire a lawyer to defend you in court, you can defend yourself against the allegations or complaints made by the other parent.

Things You'll Need

• Supporting documents

Instructions

1. State your full name at the opening of the hearing. Let the judge know that you will be defending and representing yourself.

2. Wait for your turn to discuss the events leading up to the complaint. Each party will have a chance to explain his side of the story. If your ex-spouse is asked to speak first, you must wait your turn and not interrupt, even if some of the statements are incorrect, or else you could be reprimanded by the judge.

3. Explain your side of the story as you remember it. Use as many details as possible, such as specific times, dates and specific examples that support your argument. When you speak, speak directly to the judge as opposed to crossing fire with the ex-spouse.

4. Provide evidence to the court to back up your side of the story. If you have saved voice messages, written notes, receipts with dates and times or anything else that could prove you are not guilty of the things on the visitation complaint, tell the judge you would like to present them as evidence to your case. Explain what the evidence is and how it works to your advantage to prove that you are not guilty.

5. Be honest in court. You are sworn to honesty when you enter the courtroom, but it is important that you do not fabricate anything in your story to make your argument more believable. If you are guilty of the complaint filed against you, you have the right to defend yourself and the right to admit to what you did wrong, but not the right to lie.

Tips & Warnings

• The information in the article does not substitute or represent professional legal advice. It is always best to consult with an attorney, or other professional, who can coach you through the steps of defending yourself in court.

• Rehearse what you want to say in court prior to the hearing. This will help you remember what you want to say, how you want to say it and reduce the chance of you forgetting something.

References

• The First Judicial District of Pennsylvania; Complaint for Custody/Partial Custody/Visitation
• Find Law; Should You Represent Yourself in Court?; 2011