Legal Question in Family Law in California

Re: Establishing a Record of Visitation Contempt

It was not clear as to whether she is leaving voice messages or you are recording her without her knowledge. The latter could be considered criminal, although it might come under the exception for "extortion".

Contempt is certainly not the tool of first choice, but sometimes that is what it takes.

You would also want to file a motion to modify custody.

As far as evidence, if not recorded, you could probably have someone listen in on the conversation.

I would suggest that you file a motion to modify custody. You'll lose, but you'll also get an order that any time she is not going to give you the child that she has to provide you the reason in writing or email. Then contempt her later.

Re: Establishing a Record of Visitation Contempt

Contempt is generally very difficult and should be used sparingly in child custody disputes and problems. There are probably better ways to "encourage" mother to comply with the court order. Possibly a motion to change custody would encourage her to comply with court orders or lose primary custody. You should have your current order reviewed by an attorney that does child custody matters to get some good ideas for strategy. Good Luck, Pat McCrary