What to do if my daughter’s father is not following our court order?

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What to do if my daughter’s father is not following our court order?

I have 3 daughters ages, 10 year old twins and a 9 year old. Their father has been not letting me see them except once a month for 5 hours. He has told me they don’t want to see me or stay with me anymore. This started 9 months ago. I have been going along with it, as they said when I got my own place I could resume my visits with my daughters. I had been going through a divorce and had to stay with my adult children whom my ex doesn’t like. Prior to this, they had been visiting me every other weekend for 3 years straight. He is not following our court order and also will not allow me to see them for the holidays or give me medical and/or school information. I have my own place now. What can I do?

Asked on December 8, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 11 years ago | Contributor

You can ask the court to find him in contempt of the court order, then file a request to modify the current order based on what is happening OR  you can just file a request to modify the current order.  Depending on the details, you may want to seek child support or a modification thereof.

I wouldn't file a motion for contempt because it is kind of a jerk move and will just delay the inevitable.

I would recommend consulting with a local family law attorney.

These are the corresponding forms:

  • Order to show cause and affidavit for contempt (FL-410)
  • Request for Order (FL-300)

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