Legal Question in Family Law in Missouri
not obey judges orders
i was divorce june 2000 and my exhusband has not given me personal items or equit of the house or horses. and has not let me have 1 child. we have joint physical custody. i filled contempt of court and the judge gave temp orders of property and closing of house and visitation and ordered him to counceling in Feb 02 and we go back April 12 for finalization. To date i have not received any of the property or visitation plus he has filed 4 false police reports. How much longer and how much money do I have to spend to get what was granted? or what other actions can i take?
1 Answer from Attorneys
Re: not obey judges orders
Unfortunately our legal system does not provide adequate relief in situations such as you describe. In my twenty-four years of experience, I have found that a person in your position must often go back to Court several times in order to get anything near what you are entitled to in the first place. You see, the remedy of "Contempt", as you are apparently learning the hard way, does not actually put the items you refer to in your physical possession, nor does it force the other party to do what he is supposed to do. What it can do is put that person behind bars until that person develops an attitude that he will comply with Court Orders rather than sit in jail. I have seen many people who would rather sit in jail than do what they have been ordered to do. If you have a Judgment for personal property, you may consider filing an "execution" and having the sheriff go and seize the property you are entitled to have. Your attorney can often work with the sheriff to make all of the necessary arrangements. Also, if your ex-husband is denying you visitation, it may arise to the level of a violation of the criminal law, and you may seek assistance from the law enforcement authorities or even the prosecuting attorney. If your divorce included a separation agreement which included a clause that requires a non-complying party to pay the other party's expenses and attorney's fees, then I would certainly advise you to enforce that part of the order. Good luck.