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Date: 13 Jan 2004
Time: 08:58:51
Remote Name: 4.46.164.48
It's been a while since you posted, but I saw no other replies, and if you still want some insight here it is. If your ex has not modified the order, the old order stands. If he ha modified the order, then what you can do only depends on the court findings, and how long ago it was. The court can restrict visitation if it finds that the childs emotional or physical health would be endagered by visitation. Therefore, in such extreme circumstances, the court does have a choice and does not have to order the guidelines. Upon his motion to modify, he had the burden of proving that there had been a change in circumstances (he is no longer abusive), and that it would be in the best interest of the children to modify child visitation. If he met his burden, there's nothing you can do. If not, and the court made the order anyway, it's appealable, but only within 30 days of the entry of the order (not the date of the hearing, the date the order was entered into record). In order for you to restrict visitation, you would have to prove harm to the children. Hope that helps some. Please note though, that if your ex cleaned up his act, it is best for the children to see him whether they like it or not.
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