Legal Question in Family Law in California

I am a father who recently won a move away custody trial. Since the ruling, the childs mother has been nothing but hateful and defensive. Can I file a contempt case because of continued poor behavior? Or what is the best route?

If so, the court will be in CA.


Asked on 2/20/12, 7:57 am

4 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

You have a lifetime relationship of parenting your child. You should consider co parenting counseling to work on improving your parenting communication for the child's best interest. If she is unwilling to work with you on changing her behavior, return to court to address her conduct and its impact on the child.

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Answered on 2/20/12, 2:33 pm
Brian McGinity McGinity Law Office

I agree completely with Ms. Kock. Co-parenting classes could be very helpful in the situation you have described. They really can help. Suggest the classes to her. You can take them together or apart and in this situation it would probably be best to take them apart.

If she is still difficult or just simply rejects the whole idea then bring a motion in court requesting the court order you both into co-parenting classes. Keep a record of the conversations you have with her about it and always confirm any verbal conversations in writing with a confirming letter.

Good luck

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Answered on 2/20/12, 4:13 pm

You got good answers already. I just write to address your specific question about contempt. You cannot file an OSC re: contempt of court unless her conduct is in violation of an actual court order. If so, yes you can. If not, you have to get an order enjoining her from specific conduct and then she must violate it, before you would have a contempt case.

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Answered on 2/20/12, 9:06 pm


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