Also, make sure you behave appropriately, respectfully and professionally when you go to family court. Sometimes it can be hard to stay calm when you`re dealing with something as serious and important as a custody case, especially if your ex hasn`t cooperated. However, good conduct in court is essential if you don`t want to compromise your case and don`t want to stay in jail. Ask the judge to make changes to the custody decision. In other situations, you must prove that violations have occurred. Text messages, voice messages, audio recordings, and video evidence can help you determine this. Reliable witnesses who can testify in court that violations of the agreement have occurred may also be helpful. Parental abduction may include the targeted abduction of a child or even the removal of the child from the state or country without the consent of the other parent. This is not just a custody issue, but a criminal offence.
The penalties for this reflect that. If a parent is accused of violating the terms of their custody decision and faces contempt proceedings, they are entitled to a formal hearing and a clear explanation of the complaint alleged by the other parent. This is an opportunity to clarify and correct the situation. For contempt of court to result in a penalty, an investigation must prove that the parent accused of knowingly and intentionally violating the terms of his or her custody decision. In addition, the prosecutor has a heavier burden of proof in contempt proceedings than in most other proceedings before the family courts. You must prove that the defendant intentionally violated his custody decision “beyond a reasonable doubt.” If you are looking for the answer to this urgent question, read on. We will discuss not only what can be done about a breach of custody, but also what constitutes such a breach and how to prove that a breach has occurred. If a parent does not obey a custody decision, the court may keep him or her in contempt of court. For example, if the custodial parent refuses to allow the non-custodial parent to see the child under the court order, or if the custodial parent attempts to alienate the child from the other parent, the non-custodial parent may file a contempt order with the court. On the other hand, if the non-custodial parent does not return the child to the custodial parent in a timely or not at all timely, or intentionally and repeatedly violates visitation hours, the custodial parent may file an application for non-compliance.
In many cases, custody orders are changed in these situations. For example, the judge might decide that you should be entitled to “makeup time” to balance the time you should be able to spend time with your children. The family court judge might decide to change the court order to continually give you more time with your children, or he or she might decide that your ex should not have custody of the children at all. Although parents are expected to follow custody orders, the court does not appreciate it when they are forced to deal with very minor violations that could be resolved by the parents themselves. You should definitely go to court if custody orders are constantly flouted, but going to court for a very small violation can actually backfire. Unfortunately, once a custody agreement has been reached between both parents and the court, it is not always respected. Many people wonder what they can do if the other parent systematically violates the custody agreement. However, if the problem persists, there is a risk that the alternating parent will be deprived of visiting time. This is because the courts decide in the best interests of a child. Having an unreliable parent who shows little or no interest in their children is not in the best interests of the child. For an overview of the custody and visitation process, read the Custody Fact Sheet (Form FL-314-INFO).
This factsheet is also available in Spanish, Chinese, Korean and Vietnamese. If you`ve experienced a situation that you think requires decisive legal action, it`s important to have a lawyer by your side who can guide you through this difficult time with confidence. We will work closely with you to determine the best remedies available for the breach of the custody order you have suffered. Whether you believe your child`s other parent poses an immediate threat to you or your child`s safety, or you are a non-custodial parent simply trying to exercise your legal rights under your custody agreement, we can help. Contact us today to arrange a consultation regarding your contempt of court and we will help you as much as we can. .