Legal Question in Civil Litigation in California
Which venue is best: Small claims or family court?
My ex-wife and I have a standing custody court order in which we each pay 1/2 of the airfare for when our kids come to visit me. We each buy one-way tickets on each of our credit cards so there is no issue of reimbursement (or lack thereof). However, my ex-wife is now refusing to buy tickets for the kids to flyout this Thanksgiving, forcing me to buy all roundtrip tix with no intention of her reimbursing me. Though clearly a violation of the family court order, to have my attorney schedule another hearing costing $1000s is more than if I just paid for all the tickets. Would the better course of action be to just sue my ex-wife in small claims court for the costs, or would small claims kick it back to family court? Also, as my ex-wife lives out of state, what are the chances of actually seeing the money if I win in small claims?
2 Answers from Attorneys
Re: Which venue is best: Small claims or family court?
How old are the kids? The point being that if you go ahead and pay for round-trip tickets until the kids re 16 or 18, you may be able to credit any amounts owed your ex or seek a court order for reimbursement. Good Luck.
Re: Which venue is best: Small claims or family court?
Family court is the proper venue. Small claims can't enforce the order.
Perhaps a letter from your attorney to your ex would be sufficient and an OSC won't be necessary. S/he might mention that s/he will ask the court for an order requiring her to pay the attorneys fees you have incurred enforcing the custudy order. Just a thought, and keeping in mind that whenever you head for court, there is the potential to open pandora's box. Still, a potentially inexpensive solution.
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