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Rombro & Manley LLP
Top Certified Family Law Specialists
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Sometimes going to court over divorce issues is a must

While ending a relationship is a difficult thing to do, more couples in California than ever before are insistent on keeping their separations as civil as possible. The problem is, the divorce process can be more emotionally and financially challenging than some expect. The stress of it all doesn’t always bring out the best in people.

While wanting an amicable divorce is understandable, there are times when going to court to resolve certain issues is absolutely in your best interests. For example, if you have children and your soon-to-be ex-spouse is utilizing them as leverage or as a way to hurt you, this is something you may want to address in court as soon as possible. Choosing to do nothing will only hurt you and your kids.

The problem

Recently, the mother of a man going through the dissolution process inquired about what he should do to regain access to his children. A visitation schedule was created, but his wife allegedly refuses to abide by it. She and her mother also spend time bashing him in front of the kids. Rather than fight about it, he is allowing her to have her way. Does this sound familiar to you?

Parental alienation

Parental alienation is a very real thing that can destroy the parent-child relationship. It is where one parent deliberately prevents the children from seeing or speaking to their other parent. The goal of this behavior is often to get more out of the divorce process or to make the kids believe their other parent doesn’t care about them. It is cruel and damaging.

The resolution

When a spouse is defying court orders, there are a few things you can try to address the situation. You may:

  • Try negotiating
  • Threaten legal action
  • Pursue legal action

Trying to talk things out is always the first line of defense. Legal counsel can assist you with the negotiations process which may help the situation. If this doesn’t work, however, you may threaten legal action — which is sometimes enough to persuade the other party to abide by existing court orders. If all else fails, pursuing legal action by requesting your spouse be held in contempt of court may be what you need to do.

Don’t be afraid of the fight and do what you must to protect your family

No one really wants to fight things out in court, but sometimes there is no other way to resolve certain divorce issues. When it comes to matters involving your children, don’t be afraid of the fight. Do what you must to protect them and your relationship with them.