Legal Question in Family Law in California

Temporary Stipulation and Order

Myself and my spouce went to our first custody/visitation hearing one month ago.

We both signed a temporary stipulation and order which stated that I was to receive temp full custody and my x spouse was to recieve supervised visitation to be supervised through a professional visitation service.Pending our return from mediation and our return to court.

Since that time I have not heard from my spouce and am not able to locate her. I spoke with the professional visitation sevice and they have not heard from her either. Is she in contemp of court? What can I do legally? Is there anyway that I can file a motion to grant my custody and visitation request due to her non-compliance?


Asked on 3/07/01, 6:16 pm

1 Answer from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Temporary Stipulation and Order

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, as well

as information about me (education, experience,

et cetera) and my office (location, hours, fees,

policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry. Your wife technically

may be in contempt of court, but contempt (especially

for failure to exercise visitation) is hard to prove.

You could set another OSC to modify the present

temporary order, or (if this is part of a dissoultion of

marriage) you could set the matter for trial and

try to get a final judgment.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 5/17/01, 1:37 pm


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