Filing Contempt of Court Custody in California

In California certain orders made by a family court in family law cases may be enforced by obtaining a contempt of court order addressed to the person who fails to comply with an order. Per California child custody laws, the orders that can be enforced by finding a violator in contempt of court are as follows:

• Orders regarding child custody and visitation
• Orders regarding the payment of child support
• Orders regarding the payment of spousal support
• Protective orders and restraining orders
• Orders regarding the division of property
• Orders regarding the declarations of disclosure
• Obligations that arise from a marital settlement agreement
• Liability for debt from the marriage
• Orders to seek employment
• Orders regarding attorney fees and costs.

To obtain an order that finds another individual in contempt of a court custody agreement or a family court custody order, the party who alleges a violation must file an Order to Show Cause and Affidavit for Contempt form in the appropriate court. Use of this form is mandatory for obtaining a contempt of court order. A lawyer consultation with a California lawyer would provide an individual with more information about family court orders and contempt of court for violation of these orders.

It is important for a person to be sure that the violation of a court order has occurred and can be proven before they file an Order to Show Cause form. Violating a court order and being found in contempt of court is a criminal offense.

The person who claims the violation of a family court order must submit their proof in an Affidavit of Facts Constituting Contempt and an Income and Expense Declaration. They also have a right to a trial by jury in which they may prove that acts that constitute contempt of court.

In order for the other party to be found guilty of contempt of court and sentenced to the punishment provided by law, the petitioning party must be able to present evidence to prove the following:

• There is a valid court order and its content is clear.
• The spouse accused of contempt knows about the court order.
• The spouse accused of contempt intentionally violated the court order.

What Is Contempt of Court for Child Custody?

A healthy parent-child relationship entails regular communication between the child and the parent. Often, non-custodial parents still have the right to regular communication with their child, such as weekly phone calls or video chats.

The other parent is not allowed to prevent or interfere with that right to communication as provided for in a child custody order. Even if the custodial parent thinks that non-custodial parent displays unacceptable behavior or says things that they think the child should not hear, the solution is not self-help measures to prevent all communication.

A parent can violate a custody order by making the child unavailable at the pre-arranged times for phone calls. It would also be a violation to withhold the necessary technology for a video call.

Again, non-custodial parents usually have visitation rights. The non-custodial parent may try to prevent these visitations, if they do not want that relationship to continue for some reason. Again, one parent should not resort to self-help measures with respect to another parent’s rights. It is a better idea to go to court to get the changes a parent wants.

Violation of a visitation order can lead to a person being held in contempt of court. California law provides legal procedures for resolving these issues, such as seeking changes in custody and support orders or seeking to enforce them if lack of compliance is a problem.

What Happens if the Other Parent Does Not Follow a Court Order in California?

What a parent should do depends in part on the nature of the violation, especially how serious it is. A person should keep a diary of all violations. This can help if the person decides they want to enforce an order by going to court. A parent has choices as follows:

• A person can contact the local law enforcement and ask them to enforce an order in some circumstances.
• If a person thinks the other parent has abducted their child, they can contact the district attorney in the county in which they live. They can ask the child abduction unit of the county district attorney’s office for help.
• A parent can file a contempt of court petition. This petition asks the court to enforce the order and make a finding that the other parent willfully disobeyed the court order. This can have serious consequences for the other parent as it is a criminal offense to violate a court order. It can lead to the violator serving time in jail.
• A parent can ask to change the order so it works better in your situation.

Violation of a child custody order in California can lead to criminal contempt proceedings. A person should talk to a California lawyer and seek modification of an order that does not work for them rather than violating an existing order.

What Happens When You Violate a Court Order for Child Custody?

If one parent subject to a child custody order violates the order, they can face legal consequences. The other parent has the options noted above, such as contacting law enforcement if the violation is serious enough.

In extreme cases, a parent may be forced into custody order violation because of an immediate threat to the child. For example, if the other parent is known to be abusive or keep illegal items in their home, a person cannot be expected to expose their child to danger.

However, the parent should immediately inform the court of the threat to avoid facing consequences. For parents with good reason to question whether their child is safe with the other parent, “no contact” rules are an option to discuss with a family law attorney and the court.

What Are the Consequences of Contempt of Court in Child Custody?

As noted above, a parent who violates a custody court order and is found in contempt of court can face serious legal consequences, such as the following:

• Changes to the custody agreement that are not favorable to the parent who violates the order
• Investigation by the court or law enforcement
• Jail time.

If a parent is dissatisfied with a custody court order, they should avoid violation of the custody order in California. They should seek modification of court orders that are not working for them.

How Do I File a Complaint for Contempt of Court for Child Custody in California?

As noted above, the first step in filing for contempt of a custody order with the goal of finding another individual in contempt of the order in California is to file an Order to Show Cause and Affidavit for Contempt form in the appropriate court. The filing of this specific form is the mandated way to start a proceeding for obtaining a contempt of court order.

Do I Need a California Lawyer for a Contempt of Court of Child Custody Issue?

If you have trouble with another parent who constantly violates a custody order, you want to talk to a child custody lawyer in California. LegalMatch.com can put you in touch with an experienced lawyer who can review your case and tell you if you have grounds for seeking a contempt of court order. Your lawyer knows about the complexities and technicalities of forms and procedures that have to be used. You are closer to getting the help you need with a child custody lawyer in California.