What to do if a court order is not being followed?

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What to do if a court order is not being followed?

My daughter’s mom has not followed the order. She has moved about five hours north and has hidden it from me for a month. She still meets me at her old residence so I will not know she moved. My daughter has told me they moved but is terrified because her mom has threatened to “beat her until she can’t sit” if she tells me they moved. She has neat her before with a belt according to my daughter. I don’t know what to do.

Asked on December 17, 2012 under Family Law, California

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

Any time that there is a court order in place and either party violates the court order, the harmed party may file a "motion for contempt".  At the hearing on the motion, you would then present your evidence as to what the court ordered, as well as, how the opposing party violated that order.  You can request attorney's fees, sanctions, and you can also make a request that the other party be incarcerated until he/she complies with the court's order.  You should consult an attorney as soon as possible.

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

You need to do three things:

  1. Go see a local family law attorney if you can afford one, and at least get a free consultation with one if you can't afford representation;
  2. File an FL-410 "Order to Show Cause and Affidavit for Contempt"
  3. Call Child Protective Services in the county in which the other parent is living and make a report.

Best of luck.


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