Legal Question in Family Law in New York
Comtempt order for violating visitation
I brought a contempt order against my ex wife for violating a stipulation for visitation. The stipulation was agreed to on 7/15 in court - present were each of our attorneys and the law guardian. I was told by an attorney that it is binding because of the wording used by the court in the transcript. Her attorney hasn't provide me with the final order yet. I am not using an attorney and my court date is this Friday. Since it is not yet a final order, if her attorney tries to void the stipulation and re-open the custody issue (which is stipulated as joint - her having physical), how do I respond?
2 Answers from Attorneys
Re: Comtempt order for violating visitation
I would approach this differently than as suggested by attorney Nitzberg, although you need to provide more information, including all signed papers and a transcript of the proceeding, in order to get an answer as to the strength of the stipulation. It may be best for you to submit a proposed order to the court on notice to the other party. For sure you ought to consult with an experienced attorney prior to your appearance in court.
Re: Comtempt order for violating visitation
You are in good shape on this. The stipulation was signed by both parties at the earlier court date. that establishes it as binding on the parties.
1. The court likely issued a 'so ordered' order verbally on that date. that makes it an order of the court. The nwritten order is not necessary.
2. Cite 22 NYCRR 130 and claim the behavior of the other party is 'frivolous' and ask for 'sanctions' in the form of equitable relief by an order of contempt. In the absence of such an order of contempt, ask for monetary sanctions.
Quote what I have written almost exactly.
Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
