Legal Question in Family Law in Virginia

non custodial mother wont follow court order

Joint custody with the father having physical custody. The mother in 3 years has never followed the court order. Father has always worked around whats convenient for her just to avoid any drama. She recently went 3 months though without any contact when she is supposed to have him an evening during the week and every weekend except the 4th weekend. She called and said she misses her son and wants to get him this coming weekend. Since its her weekend does the father have to give him to her or since she hasnt called in 3 months can he tell her she cant get him. The child is 9 years old.


Asked on 5/15/08, 11:17 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: non custodial mother wont follow court order

If "it's her weekend", then she's entitled to take the child by the terms of the court order, and, if the father denies the mother this court-ordered visitation, he could be found in contempt of court and subject to sanction. (Whatever the mother's failings may be regarding her adherence to the terms of the order, it's up to the court rather than the father to impose whatever sanctions or penalties might be appropriate for her lapses in this regard.)

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Answered on 5/15/08, 7:47 pm


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