What should I expect to get out of a civil contempt enforcement hearing?

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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 10 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.


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