Legal Question in Family Law in Iowa
Habitual violation of custody order
On 3 occasions my ex-daughter in law has refused to return the 4yr old to my son who has primary physical care with joint custody. Each time my son has called the local sheriff's office and been told ''too bad''. They refuse to help uphold the court ordered ruling. They will do ''well being checks''. They say that my son has to have his attorney file contempt charges, the attorney said it will not change anything to do that - just cost more money...When there is a court order in place how can the local athorities refuse to help honor the ruling? The mother also asked an attorney if she were to leave the state with the child w/o permission of the primary care giver what would happen. She was told that the dad would have to hire an attorney and come after her...Where is the justice ? This divorce was ugly and messy and my son was deployed to Iraq and sent home because the welfare of the child could not be confirmed - so this mother is not above trying anything. Our frustration lies in the fact that there seems to be no civil authority that will help and the mother violates the custody order every weekend she has the child. My son thinks his only choice is to deny visitation and force her to take him to court. Any suggestions?
2 Answers from Attorneys
Re: Habitual violation of custody order
With all due respect to my colleague in India he is not licensed as an attorney in this state.
The sheriff's department is correct, this is a civil matter.
I am more sanguine than the attorney you asked, as I think that contempt actions are worth your consideration despite the expense-if nothing else they set the record for further proceedings.
Re: Habitual violation of custody order
not my jurisdiction.
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