Legal Question in Family Law in California

I am a single parent...never married to my children's mother. After trying to work out regular visits with the children and being denied, I finally took the matter to court. I was awarded visitation. However, the mother has continued to prevent me from having access to the chilren. She is either not there when I come to pick the children up, demands that the visitation take place in her home, or wants to control where I take them.

She has been told by the judge that I am free to take them whereever I like during my time, but she is still attempting to control this issue. I have not since my children, under the visitation terms, since before Thanksgiving. I have been advised to seek a contempt order against the mother. The next mediation is set for February. Should the contempt order be filed before the next mediation? If yes, what practical affect will it have on my ability to have the visitation order enforced?


Asked on 1/05/12, 10:36 am

2 Answer from Attorneys
Arlene Kock Law Offices of Arlene D. Kock APLC

A contempt is a quasi- criminal motion exposing your ex to jail time and fines. While the motion could be the incentive to get her to cooperate with you on abiding by the court order, the motion could also complicate and delay your efforts by giving her the right to invoke her 5 th amendment privilege not to incriminate herself in discussing the parenting problems that required your return to court as well as afford her the opportunity to get court appointed counsel to represent her on the contempt if she does not have the finances to defend the

contempt motion.

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Answered on 1/05/12, 2:31 pm


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