Legal Question in Family Law in California

The best answer is for you to file to modify the current order. If you file for contempt for failure to obey the order, that may just serve to push the true underlying issue out further. Best to simply move to modify the order based upon the father's failure to adhere to the order. Good luck.

Mr. Schneider's answer makes no sense. You said you already have a motion on file to modify the custody order. You are asking what you can do in the meantime. The first step is to attempt to enforce the order directly. Get a certified copy of the current order, then show up to get your son at 4:00 on the next Tues. or Thurs. Call the police in the jurisdiction where you will pick up your son, and request a "civil standby" regarding a child custody pick-up at the place and time you will get your son. That may be all it takes for your ex to get the message that he cannot ignore a court order. If he refuses to let you have your son even with the police present, have the police file a report, get a copy, and file it as an exhibit to an Order to Show Cause re: Contempt of Court and for an Order Shortening Time for a hearing on the OSC, which will result in an order that he appear in court to face contempt charges. Likewise, if he lets you have your son when the police are there, but reverts to not letting you pick him up when they are not, do the civil standby thing another time or two, and then put the whole "Jeckyl and Hyde" story into a declaration accompanying the same type of OSC re: Contempt.

Also document by e mail to dad your continued efforts to exercise phone, text and email contact with your son that father is frustrating. Send father e mails affirming the missed dates and inability to reach your son.