Legal Question in Family Law in California
Is a party in a child custody case being in violation of a court order or in contempt of court enough to have the mediation agreement voided and request no visitation for the violating party?
1 Answer from Attorneys
Absolutely not. Visitation time is totally disconnected from support as a matter of law, except to the extent the percentages of time with each parent go into the support calculation. If the other parent is not paying court ordered support, you can turn the case over to the Dept. of Child Support Services for collection, or take him or her to court on an application for an Order to Show Cause why they should not be held in contempt. Those are the remedies for not paying court ordered support. You don't deprive children of time with both parents over a payment issue.