QUESTION
What can I do if my ex wife is not following our divorce decree?
Asked on Sep 24th, 2013 on Divorce - Utah
More details to this question:
In my divorce decree, it states that while my son is with his mother, she can not have anyone with a felony, or a misdemeanor be around him. Her boyfriend has both a felony and a misdemeanor and is staying with her while he was there. What can I do?
8 ANSWERS
William M Stoddard
Check your parenting order and see if you have a dispute resolution process. Follow it. You may not file for contempt until you have used the dispute process to resolve your concerns. But you need to give her notice you expect the order to be followed. If she refuses, you must then seek a contempt finding by the court. If she is found in contempt twice in a reasonable period of time (usually one year or it could be say in 18 months,) you would then have grounds to seek a change of residential placement (custody.)
Answered on Sep 28th, 2013 at 12:33 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File a Motion for Enforcement or Contempt with your Judge.
Answered on Sep 26th, 2013 at 5:16 AM
4 Awards
File for her to be held in contempt. Be sure you have proof however. If you have any questions about how to prove this to a Court, speak with a local lawyer in more detail about your specific facts and case. Best wishes.
Answered on Sep 26th, 2013 at 3:06 AM
You can bring a motion to change the custody/visitation provisions due to her violation of the orders. You should consult a family law attorney or facilitator to assist you.
Answered on Sep 25th, 2013 at 3:21 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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File a motion for an order to show cause why she should not be held in contempt of court for her violation of the court's custody order.
Answered on Sep 25th, 2013 at 12:31 PM
You can ask the court to enforce the provisions of the decree and to hold your former spouse in contempt for failure to comply with the restrictions on parent time. The court can impose sanctions for the violations.
Answered on Sep 25th, 2013 at 12:17 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Move to have her held in contempt of court for violating the order.
Answered on Sep 25th, 2013 at 12:14 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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You can move the court to hold her in contempt of court for non-compliance with the decree of divorce and have her sanctioned for contempt. It's called a motion for order to show cause in re: contempt. Yes, it's something you can do on your own without an attorney, but I wouldn't recommend it unless you've got time on your hands, are good with research, and you can understand court rules. Do this wrong and the court will not be kind.
Answered on Sep 25th, 2013 at 12:06 PM