A lot of time and effort goes into securing a child custody or child support order. You’ve worked hard to gather evidence to support your position and either negotiate or litigate for the outcome that is best for you and your child.
But now your child’s other parent is refusing to abide by the court’s order. What can you do about it?
Filing a motion for rule to show cause
One option is to seek to have your child’s other parent held in contempt. In order to do so, you’ll have to file a motion with the court that specifies exactly how the other parent intentionally violated an existing order, giving as much detail as to the time and circumstances of that violation. The court will then schedule the matter for a hearing and order the other parent to appear and to show cause as to why he or she should not be held in contempt.
The outcome of a contempt proceeding is aimed at obtaining compliance with the court order. Therefore, in many instances when a parent is held in contempt he or she is subjected to a fine, although a short amount of jail time is possible, too.
If the violated court order pertains to child custody and visitation, then it might be time to seek a modification. Again, you’ll need to file a motion with the court and be prepared to argue why your proposed modification is in the child’s best interests.
Seeking help to build your case
There are a lot of different ways to approach your case when your child’s other parent isn’t abiding by an existing court order. Before you take action, though, you need to know your options and what you can prove. That’s an analysis that an experienced family law attorney can help you make so that you’re put on the path to making successful arguments.