Legal Question in Family Law in Virginia
Violating Court order visitation
Been divorced about 8 years. Mother has physcial custody. I have 50% visitation. There is a court order that says I have visitation every Tuesday thru Wednesday and every other Fri-Sun. My ex has been telling my son that since he is now 13 he can choose whether or not he wants to go to my house. I know this is not ture as the court order is the final word on this. However, she has started keeping him from me on my scheduled visitation. She has even gone so far as to leave him with friends and not tell me.
I need to bring this before a judge. Can I just file a 'Show Cause' or is there some other motion I must file to get her in front of a judge so that he can tell her to stop breaking the order.
thanks,
1 Answer from Attorneys
Re: Violating Court order visitation
No, you've identified the correct remedy for your alleged curtailed visitation by the mother, namely, an action for Show Cause (as to why she should not be found in contempt of the visitation order requirements).