QUESTION

What steps can be taken to enforce parental rights if one parent is consistently violating divorce decree (re. custody)?

Asked on Nov 15th, 2012 on Child Custody - Missouri
More details to this question:
I am asking on behalf of my boyfriend, his daughter is 12 and his ex has repeatedly committed custodial interference based on what is outlined in their divorce decree (this decree was the result of months of heavily funded legal battling on his and his attorney's part). Her violations stem from "minor" (e.g., the decree states she is to have no contact with him other than email, unless it is an emergency regarding their child, and she sends him harassing text messages) to gross and blatant custodial interference and general malfeasance (taking the child out of town when it is not her time, threats, blackmail). The long and short of it is that this woman is irrational and manipulative, when she violates their decree my boyfriend seemingly has no recourse, he tries not to traumatize his daughter despite the fact that his ex has practically dared him to call the police or "try and stop me." It's not as if he wants full custody, but simply that she abide by the decree and respect his parent time with his daughter, stop infringing on his time and violating this decree which was not easily put in place. He has scrupulously documented these incidents and can provide proof of countless violations. How can she be held accountable for this? When these situations arise, his attorney tells him to call the cops, the cops tell him to call his attorney. She is threatening to prevent her daughter from traveling with her dad for Thanksgiving, it is clearly stated in the decree that it is HIS time with her. What can be done if she follows through with her threat? What in your opinion is the best course of action?
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12 ANSWERS

Steven D. Dunnings
Hire an attorney.
Answered on Apr 30th, 2013 at 11:29 PM

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Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
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Your boyfriend needs to file contempt against her when she does these things. That's the only way he can demonstrate to the court her behavior and work toward changing it by having her found in contempt and punished. The police cannot arrest someone for violating a civil parenting order.
Answered on Nov 20th, 2012 at 3:59 AM

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Immigration Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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The divorce decree can be enforced through post-decree litigation, such as a motion to compel or a motion for contempt. It will be very helpful that the father has kept track and proof of the mother's violations because that can be shown to the judge to demonstrate that she is violating the court's orders. There are several statutes that the father can cite in support of his motion, for example, under Nevada Revised Statute contempt of court is disobedience or resistance to any order issued by a judge. Under Nevada Revised Statute 22.100, if a person is found guilty of contempt, the judge may fine them up to $500 or put them in jail for up to 25 days, or both. There are various other provisions that will need to be cited and the father will need to convince the court that the mother is in contempt and her behavior is so contemptuous that it warrants fines or even jail. The court can even order the mother to pay the father's attorney's fees, but that is within the judge's discretion.
Answered on Nov 20th, 2012 at 3:05 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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The best thing to do is file a motion for contempt and have a hearing. Every bit of the daughter's time is her own time. Your boyfriend should not claim the time as HIS time. Things should be said with an eye toward the child's right to visit with her father.
Answered on Nov 16th, 2012 at 6:06 PM

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Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
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You can file a Motion for Contempt and Enforcement and possibly modify the time sharing or other aspects of the current Order. You should consult with an attorney in order to best determine how to proceed, as well as your potential rights and options.
Answered on Nov 16th, 2012 at 6:00 PM

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See an order of contempt.
Answered on Nov 16th, 2012 at 5:59 PM

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Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
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The only way to enforce a court order concerning parenting time is to ask the court to find the offending party in contempt of court and to impose some form of penalty.
Answered on Nov 16th, 2012 at 5:59 PM

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File a Petition for Contempt.
Answered on Nov 16th, 2012 at 5:58 PM

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Violations of a custody order should be addressed in court with a proper motion. The issues can be raised to the Judge and changes can be made. The non-violating party may also be entitled to costs or other sanctions.
Answered on Nov 16th, 2012 at 5:57 PM

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File to change custody or file a contempt motion. He has an attorney. If the attorney isn't doing anything change attorneys. Unfortunately cops don't want to enforce custody orders.
Answered on Nov 16th, 2012 at 5:55 PM

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Make police reports to document, and file a rule to show cause and request contempt sanctions. His attorney should do this.
Answered on Nov 16th, 2012 at 5:54 PM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Contempt is the remedy or a motion to modify.
Answered on Nov 16th, 2012 at 5:26 PM

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