What should I expect to get out of a civil contempt enforcement hearing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What should I expect to get out of a civil contempt enforcement hearing?
My boyfriend’s ex-wife has never followed their parenting plan, except when she feels like it or it benefits her. The last straw was her planning a 5 week vacation out of state to take the kids on and telling him only 2 weeks beforehand. He told her he did not agree and she said she didn’t care. Their parenting plan states both parties must agree prior to travel arrangements being made. So he re-opened the case and filed her in contempt. What will be accomplished at the hearing?
Asked on August 15, 2011 Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am a bit perplexed by the way that you have phrased this question. I do not think that YOU can expect anything out of the hearing. Your boyfriend - the father of the children in question - on the other hand, can expect that the parenting plan and the agreement will come in to question and generally will be enforced as a contract. His ex could be fined or jailed or both in an action for contempt. Judges do not generally like it when parties go against the orders in their Court (I am assuming that the order of divorce incorporated the plan by reference?). I think that it is wise of your ex to make sure that the plan is followed for the sake of continuity and for the children. But please make sure that the children are not the ones to suffer here. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.