Question:
I am looking for divorce tips for men on how to enforce court orders.
I am supposed to have court-ordered counseling with my children in an effort to rebuild my relationship with them due to years of my ex-wife’s parental alienation.
However, since my ex has primary child custody and the counseling falls during her parenting time, she is refusing to take the children.
What can I do to get this court order enforced so I can have counseling with my children?
Answer:
First, I must advise you that it is always best to consult an attorney in your area for specific divorce advice for men as I can only provide you with general divorce information.
If there is a failure to abide by a court order, it is best to seek a contempt citation against the party responsible for taking the child to the court-ordered counseling. A Motion for Contempt is a common occurrence in family law proceedings.
In layman’s terms, contempt is not doing what you’re supposed to do when you’re able to do it. If only it were that simple to explain to the judge. In fact, contempt is very specific to each individual case.
If found guilty of contempt, outside of jail time, the court has within its discretion the ability to assess fines, award compensatory visitation, or even change custody arrangements when one party is unwilling to follow the court’s orders regarding legal or physical custody rights.
Typically, a court will only modify a parenting plan or custody arrangement if the contempt action is paired with a Motion to Modify.
To best analyze the most effective strategy given the facts of your case, it is best to seek advice on divorce from a domestic litigation lawyer.
Cordell & Cordell has mens divorce lawyers located nationwide. To schedule an appointment with Katherine V. Lewis, an Associate Attorney in the Tulsa, Oklahoma office, please contact Cordell & Cordell.
Divorced Mother
The fact stands that the child is in need of help. If the mother is refusing medical attention- contempt of court will probably stand firm on getting the child the help he needs whether it is a sexist issue or not.
Divorced Father
I have never ever seen a mother held in contempt for violating a custody order/plan. Yet I have seen men thrown in the slammer for even thinking about it–especially where there is usually are false allegations of abuse or threatened harm or what ever other nonsense they use a standard. Don’t count on winning unless the case is so egregious that a court simply can not find a way to let the mother off.