Legal Question in Family Law in California
How To Enforce a family Law Court Order
I share joint legal custody with the mother of our daughter.
I have had many problems with the mother because she is often not complying to the court order or is in some way trying to manipulate the situation and change the schedule at the last minute etc. For example: We live in the Torrance area by L.A. and I was supposed to have our daughter last Thursday- at the last minute the mother calls and informs me that they are all the way in San Diego, and she did not know when she could have our daghter back to see me. So I had to miss visitation that day.
This type of thing happens often. The problem is that I cannot afford what it would probably cost to have the court properly address the situation; we have been to conciliation court three or four times already and nothing seems to work! I love my daughter and it hurts to constantly try to battle with someone who has little regard for the court order or our agreements.
Can you assist me or point me in the right direction?
Thank you for reading my concern.
Phil
2 Answers from Attorneys
Re: How To Enforce a family Law Court Order
You may need to bring a contempt action against the mother. This is quasi-criminal and you will need an attorney. Seek the advice of an attorney who does child child custody. There are many different actions you may wish to take, including asking the court to award you custody, but it will take an experienced attorney, who can review all of the facts of the case to give you good advice. Good Luck, Pat McCrary
Re: How To Enforce a family Law Court Order
HI Phil- Does your court order specify days or is does it simply say reasonable visitation? If it specifies days then call the police if you do not get the child at the ordered time. If it just says reasonable, you may have to file an OSC to modify the order and perhaps return to conciliation court.