Legal Question in Family Law in Georgia

During my summer visitation, my wife had her attorney file an emergency injunction requiring me to return the kids to her before me court ordered visitation was over. Her attorney filed the injunction stating that I had not returned our kids one week prior to the start of school, as ordered in divorce decree. The problem was that school was not starting for two weeks. Can I use the threat of criminal prosecution as leverage in my civil modification case?


Asked on 9/20/10, 1:40 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

Since you aren't the prosecutor, you have no authority to threaten criminal prosecution. And that's never a good move in Court pleadings -- what do you think you will accomplish?

This should be easy to resolve. If your wife improperly filed for an emergency injunction in violation of the divorce decree, then the Court should have slapped her on the wrist once it heard your version, which you claim is the truth. If you have not been in front of the judge yet on this matter, you may ask the judge to hold the mother in contempt for violating the divorce decree and interfering with your parental rights. Of course, you can also ask the judge to modify the divorce decree if there has been a material change in circumstances.

Best of luck.*******The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 9/25/10, 3:33 am


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