Contempt of Court for Child Custody Agreement

Dahlia

New Member
Jurisdiction
California
My ex and I have joint custody of our two children (17 and 12). Our custody calendar reflects that I am to have custody of the children on Monday, Tuesday and Thursday (Thanksgiving) of this week.
Yesterday, my ex sent me an email letting me know that he had just placed our 17-year-old on a plane, and that his trip would last until 11/23 (Thanksgiving), returning that evening. He sent my son out of state in direct conflict with the custody calendar, and without my knowledge or consent.
I've begun to fill out the paperwork (items FL-410, FL-411 and FL-412) to show Cause and Affidavit for Contempt, but I'm wondering if there's something else I should do in addition to that filing. We only used a mediator (no personal attorneys) for our divorce because neither of us expected it to become contentious, so I don't have legal counsel to consult.
Is there another path I should take to ensure that my ex is held accountable for his actions?
And if he is found to be in contempt, what are the penalties he may be assessed with?
 
If you have court ordered visitation and the papers to prove it, any time you are not allowed visitation as ordered you may make a report to local police. They SHOULD take a report regarding the violation of the court order to document what had happened, and they SHOULD obtain statements from both parents and facilitate the exchange if possible. If parents aren't agreeable they will have to go back to court and work out their differences.
ALWAYS have a copy of the most recent order so that police can assist. Without it you will get nowhere.
Any order you obtain should be very specific. A generic order that says "visitation as agreed" or similar language will make it essentially impossible to enforce when there is a dispute.
Aside from making a report to law enforcement every time there is a violation of the order (always get a report number so you can get a copy later) your remaining option is to do as you already are and bring the matter back to court to address the issue of noncompliance and amend the order, or custody, as necessary.
 
If you have court ordered visitation and the papers to prove it, any time you are not allowed visitation as ordered you may make a report to local police. They SHOULD take a report regarding the violation of the court order to document what had happened, and they SHOULD obtain statements from both parents and facilitate the exchange if possible. If parents aren't agreeable they will have to go back to court and work out their differences.
ALWAYS have a copy of the most recent order so that police can assist. Without it you will get nowhere.
Any order you obtain should be very specific. A generic order that says "visitation as agreed" or similar language will make it essentially impossible to enforce when there is a dispute.
Aside from making a report to law enforcement every time there is a violation of the order (always get a report number so you can get a copy later) your remaining option is to do as you already are and bring the matter back to court to address the issue of noncompliance and amend the order, or custody, as necessary.
I'm grateful for your help and guidance. I have a copy of our MSA right here that stipulates the custody arrangement, and specifies that any changes must be agreed to by both parties in writing. I will use this document to solidify my position with the police. I'm so sad it's come to this, but I can't believe he thought he could wreck my week and not have any consequences...
Kids, don't EVER marry the wrong person. EVER.
 
I'm not certain your settlement agreement has the same force as a child custody order issued by the court. You might need to speak with an attorney about that.
Regardless, if you have a court issued document that shows agreed terms of custody and visitation you can still proceed as above.
You might not get much assistance from police. They may simply refer you to the family court to resolve the problem, but you can try.
 
Without reading the details...... Is there a time of start / stop on visitation? So.... If the child is back on the thursday then the ex is doing what is planned. Unless the agreement states that the child will be there at 8am until 6pm (example) So is there a time frame on the agreement?
 
I'm grateful for your help and guidance. I have a copy of our MSA right here that stipulates the custody arrangement, and specifies that any changes must be agreed to by both parties in writing. I will use this document to solidify my position with the police. I'm so sad it's come to this, but I can't believe he thought he could wreck my week and not have any consequences...
Kids, don't EVER marry the wrong person. EVER.


The court will review your complaint, but don't expect much of a sanction to occur, if one occurs. The child is 17, almost an adult. As a 17 year old, there might be reasons for the child to take such a trip: college tour is probably the most prominent.

File your paperwork, but don't get your hopes too high, more than likely the father will simply get the usual, "Behave yourself, follow the order".

However, if the trip was for the 17 year old to take a college campus visit, military qualification exams, or some other valid reason, even less will come of it.

If I were sitting where you are, I'd talk to my 17 year old before I took any other steps.
 
We only used a mediator (no personal attorneys) for our divorce because neither of us expected it to become contentious, so I don't have legal counsel to consult.

Nothing prevents you from hiring a lawyer now.

Is there another path I should take to ensure that my ex is held accountable for his actions?

No.

if he is found to be in contempt, what are the penalties he may be assessed with?

He'll be admonished not to do it again and maybe (depending on what county you're in and the inclination of the judge who handles the case) a small fine.

Note, by the way, that the chances of local police involving themselves in something like this are virtually nil.

Kids, don't EVER marry the wrong person. EVER.

'Cause it's just that easy, right?
 
Note, by the way, that the chances of local police involving themselves in something like this are virtually nil.

This varies by jurisdiction and resources. The larger the agency/population the less likely time will be committed to it.
Whether a visitation order or restraining order, any violation of a valid court order may be investigated to enforce the order.
In my area we typically receive a complaint and verify the terms of the order then at least attempt to contact/locate the other parent for a statement. Our involvement usually persuades parents to comply with the order, but if they still refuse we provide a paper trail for the family court to work with.
Anyway, I wouldn't agree with chances being nil, but yes, the level of cooperation from law enforcement will vary from one agency to the next.
 
If this is his first violation you might want to just let it go. The child of 17 certainly could have let you know about the trip. The child was back on Thursday evening. I seriously doubt that it wrecked your week. Let him know that you will report future violations.
 
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