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Saturday, 9 January

Custodial Interference

I was 3 years old when my mom and dad got a divorce from each other. At the time we were all living in Bolder, Colorado. Mom decides to divorce my Dad. While the divorce was going on mom decides to move to Lafayette, Louisiana where my grandparents lived.

After the Divorce dad got me and my little sister, Cindy, on holidays, vacations and every summer. My dad would come to pick us up for his visitation and my mom would hide us from him so he couldn’t see us. My dad would send plane tickets to her in the mail and she would not put us on the plane to go see our dad. After my dad had tried so hard to see us and spend tons of money in doing so, he just gave up because he wasn’t getting anywhere. Mom made sure that she would accomplish that dad wouldn’t have any contact with us.

My dad was out of my sister’s life, as well as mine, for 14 years. In between those 14 years my mom bad mouthed my dad and talked bad about him, I never heard one positive thing about my father the whole time I was growing up. I felt unloved and I felt that there was something wrong with me. I felt as a kid that my dad didn’t love us. I grew up without any self-esteem and nobody to cheer me on.

When I was 17 years old I started looking for my dad and I found him through child support enforcement. They told me that my dad had always paid his child support and was never late. And they told me where he was currently living. He was living in Ocala, Florida. I made the first phone call to my dad and I was excited to hear from him. Most important I was wondering why! And what happened. When I called my dad he was rather shocked but happy to hear from my sister and myself. We had many conversations with my dad. He seemed to be a very educated man and very wealthy.  He had told my sister and I that he loved us very much and he never stopped thinking about us.  He expressed that he tried very hard to stay in our lives but our mom didn’t want that to happen. He said he didn’t want a divorce but our mom did. He told us he tried to go back to court to enforce his visitation but mom still didn’t comply with the orders.  He was ruined financially because he spent thousands of dollars but didn’t accomplish anything. He told us that mom just didn’t want him in our lives. And so he made a decision to give up, because we didn’t need to see him and mom keep fighting over us. He told my sister and me he tried so hard but nothing would ever get done about her violations of court orders.

My sister went to see him because she had graduated from high school.  I was still in High School but was planning to go see him for summer vacation. Right after school was over and summer vacation was here, I was making plans to go see my dad for the first time ever. The last time I had seen him I was 3 years old, it had been 14 years I didn’t remember anything about him. I was so excited, I just wanted to hug him and tell him I loved him. That’s all I ever wanted to do was to hug my father for the first time. I wanted so badly to play softball with him on his men’s softball team in Florida and go play golf and do the father and son things.

A week before I was going to go down there to see him for the first time,  I got a phone call from my step-mom, my dad was killed by a drunk driver in Florida.  The drunk driver came into my dad’s driving lane and hit him head on, killing him instantly.

To this day, my mom and I do not have a good relationship. I love her because she is my mom, but I disrespect her as a person.  She eventually revealed to a family friend that she had made a bad mistake and she wished she could have done things differently.  Her bad choices had a devastating effect on my life and caused me to miss out on knowing my father.

Scott C. Frank
This website is in memory of Johnny Robin Frank, my dad.
And it is also dedicated to all the Fathers that get denied their rights to see there children.

The below Revised Statues were bills that Scott Frank President of Louisiana Coalition for Families and Children passed into Law in the 2004 Louisiana Legislature Session.

RS 9:346
§346. Intentional violations of visitation order A. Where a parent, guardian, defacto custodian, or another person exercising care, custody, and control over a minor child willfully and intentionally violates a provision of the order relating to visitation, without good cause, a court having jurisdiction to enforce the judicial order may, upon motion of the party whose time was lost: (1) Award to the party whose time was lost additional visitation at least equal to the amount of time lost as specified in R.S. 13:4611; and (2) Award the party whose time was lost that party’s costs and a reasonable attorney fee as specified in R.S. 9:375. B. A pattern of willful and intentional violation of this Section, without good cause, may be grounds to allow a party to move for modification of a custody or visitation decree. C. This Section applies to judicial orders involving either sole or joint custody. Acts 2004, No. 519, §1.

RS 9:347
§347. Parenting interference
A person is in violation of parenting interference when the person on one or more occasions intentionally obstructs visitation time in a manner so as to violate R.S. 9:346.
Acts 2004, No. 519, §1.

RS 13:4611
§4611. Punishment for contempt of court
Except as otherwise provided for by law:

(1) The supreme court, the courts of appeal, the district courts, family courts, juvenile courts and the city courts may punish a person adjudged guilty of a contempt of court therein, as follows:

(a) For a direct contempt of court committed by an attorney at law, by a fine of not more than one hundred dollars, or by imprisonment for not more than twenty-four hours, or both; and, for any subsequent contempt of the same court by the same offender, by a fine of not more than two hundred dollars, or by imprisonment for not more than ten days, or both;

(b) For disobeying or resisting a lawful restraining order, or preliminary or permanent injunction, by a fine of not more than one thousand dollars, or by imprisonment for not more than twelve months, or both, except in juvenile courts and city courts, in which punishment may be a fine of not more than one thousand dollars or imprisonment for not more than six months, or both.

(c) For a deliberate refusal to perform an act which is yet within the power of the offender to perform, by imprisonment until he performs the act; and

(d) For any other contempt of court, including disobeying an order for the payment of child support or spousal support or an order for the right of custody or visitation, by a fine of not more than five hundred dollars, or imprisonment for not more than three months, or both.

(e) In addition to or in lieu of the above penalties, when a parent has violated a visitation order, the court may order any or all of the following:

(i) Require one or both parents to allow additional visitation days to replace those denied the non-custodial parent.

(ii) Require one or both parents to attend a parent education course.

(iii) Require one or both parents to attend counseling or mediation.

(iv) Require the parent violating the order to pay all court costs and reasonable attorney fees of the other party.

(f) A pattern of willful and intentional violation of this Section, without good cause, may constitute a material change in circumstances warranting a modification of an existing custody or visitation order.

(2) Justices of the peace may punish a person adjudged guilty of a direct contempt of court by a fine of not more than fifty dollars, or imprisonment in the parish jail for not more than twenty-four hours, or both.

(3) The court or justice of the peace, when applicable, may suspend the imposition or the execution of the whole or any part of the sentence imposed and place the defendant on unsupervised probation or probation supervised by a probation office, agency, or officer designated by the court or justice of the peace, other than the division of probation and parole of the Department of Public Safety and Corrections. When the court or justice of the peace places a defendant on probation, the court or the justice of the peace may impose any specific conditions reasonably related to the defendant’s rehabilitation, including but not limited to the conditions of probation as set forth in Code of Criminal Procedure Article 895. A term of probation shall not exceed the length of time a defendant may be imprisoned for the contempt, except in the case of contempt for disobeying an order for the payment of child support or spousal support or an order for the right of custody or visitation, when the term of probation may extend for a period of up to two years.

Added by Acts 1960, No. 32, §6, eff. Jan. 1, 1961.  Amended by Acts 1964, No. 241, §1; Acts 1972, No. 664, §1; Acts 1985, No. 43, §1; Acts 1991, No. 508, §2; Acts 1993, No. 429, §1; Acts 1995, No. 517, §1; Acts 1999, No. 57, §1; Acts 2001, No. 425, §2, eff. June 15, 2001; Acts 2004, No. 520, §1