Legal Question in Family Law in California

Re: parent not following court order

It will depend on what the court order. If the court order is not specific at all and there is a dispute over the holidays you may first try to have a police officer enforce your court order to pick up the minor. If the police told you that the order is not specific and is vague for purposes of enforcement then you will need to file a motion with court or reach a stipulation with the other parent regarding specific days and times for holdiays. If you need assistance you may contact my office at 310-839-7700. NINA N.GOHARI, ESQ.

Re: parent not following court order

Does your court order specifically say "holidays"? If so, you're entitled to pick him up on Christmas. The problem is that enforcing that order may mean calling the police on Christmas to have them help you get your son. That might be so traumatic for your son as to not be worth it for you to enforce. There may be court penalties that can be imposed after the fact, however. Have you and your ex considered mediation? It might be a good way to work out your differences without hurting your child.

Good luck!