What is the Statute of Limitations concerning failure to obey a court order (contempt of court) during a divorce in California?
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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
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 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).
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