Focusing On Family Law – And You
Negotiating a child custody and visitation arrangement can be tough, to say the least. Yet, once all matters are settled, either through negotiations or litigation, many parents breathe a sigh of relief. That is, until they realize that navigating their co-parenting relationship can be just as problematic. In fact, many parents find that their child’s other parent won’t abide by the court orders that were so difficult to obtain in the first place.
What to do when a court order is violated
If your child’s other parent is in violation of a court order, then you may want to try to resolve the issue amicably, if possible. Try talking to the other parent and pointing out how he or she is failing to abide by the court order. If that doesn’t work, though, then you may have to take legal action.
This usually takes the form of a motion for rule to show cause. Here, you ask the court to order the other parent into court to explain why he or she shouldn’t be held in contempt. When you file that motion, though, you’ll have to be as detailed as possible when it comes to identifying the court order that has been violated, how the other parent violated that order, and how the violation was willful in nature.
The purpose of the rule to show cause
If the other parent is unable to explain his or her behavior, or the court is not persuaded by the explanation that is given, then that parent may be held in contempt of court. As punishment, the other parent may then be ordered to perform community service. Many punishments for contempt are therefore relatively minor, but a contempt finding can also serve as a springboard to custody modification that restricts the other parent’s access to your child.
Seek out the legal assistance that you need
Most people try to avoid confrontation as much as possible. But when it comes to adherence to a child custody order, you need to stand strong. While this may mean taking aggressive legal action, you don’t have to do the heavy lifting on your own. Instead, let a law firm like ours advocate on your behalf so that you can focus on what matters: protecting your child and raising him or her as best as you can.
