Unlawful Entry/Trespass to See Child

Parents at odds with each other must remain sensible and exercise parental rights lawfully. The Virginia Court of Appeals recently confirmed that a man=s breaking into his ex-girlfriend=s home was not made lawful by his claim that he simply wanted to see his child. The court found it rational to conclude that the defendant, who was estranged from the mother and had recently assaulted her, would be aware that his nighttime, surreptitious entry into the mother=s unlit home would cause her and her children to be fearful and would interfere with the mother=s privacy and peaceful enjoyment of her home. In a recent Loudoun County case, a jury found a father of his child guilty of criminal Trespass for going onto the property of his ex-wife mother of child) after having been forbade to do so. The father unsuccessfully argued that his court ordered right to exercise visitation logically included his ability to enter his ex-wife’s driver. If you a involved in a custody dispute, contact a knowledgeable attorney for guidance on the proper exercise of your parental rights.