What is the Statute of Limitations concerning failure to obey a court order (contempt of court) during a divorce in California?

My then wife willfully disobeyed a court order to enter my minor son into reconciliation counseling for myself and him. She willfully deceived the counselor that she made contact with telling him that it was a matter of “confidentiality” and demanded a referral away from me. When the counselor saw the court order demanding reconciliation counseling, he coughed up the names of his referrals, but she had not contacted any of them. My son turned 18 and it is too late to obey court order. Can’t she be charged with contempt in this documented willful deception to run out the clock?

Asked on July 1, 2009 under Family Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A.  When did you find out? That may impact when and if you can do anything.

B. What would be the economic damages of that contempt?

C. You need to discuss with your divorce attorney to determine if the divorce decree gives any ramifications for failure to obey other than it being a possible criminal matter (i.e., contempt of court).

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.