Legal Question in Family Law in Virginia
Guardian Ad Litem Filing Contempt?
What happens if a GAL puts in a motion to hold the custodial parent in contempt for not following a court order in regards to custody and visitation. My ex has sole custody and I have visitation rights. Every time before my visit my ex comes up with an excuse as to why I should not have my visit. After talking to the GAL my ex gives in and allows the visit. However my ex has shown up early to pick my child up during my visitation time as well as not being at the pick up location listed in the court order making me pick my child up somewhere else. The GAL said if my ex keeps this up they will file contempt on my ex for not following the order and for not promoting a healthy relationship. I have heard that for a GAL to file contempt they have to be really upset about the situation. I have filed contempt several years ago but nothing was done but a ''slap on the wrist.'' So I am wondering if the GAL is the one filing what could happen. I have heard that sometimes it may constitute a change in custody whether it be physical and/or legal. So I'm wondering if with the GAL doing the filing will it hold more weight and having the contempt charge actually stick. Will there be fine or jail time etc?
1 Answer from Attorneys
Re: Guardian Ad Litem Filing Contempt?
Yes, the GAL filing the show cause rule for contempt
will probably have greater weight with the court than if you had filed it, but, if it's the first time for such a filing, you should expect little more than the court admonishing the alleged violator for his/her contemptuous behaviour, and, perhaps, giving you some extra visitation time to compensate for what you never received due to this unacceptable behaviour.
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