If my son’s father has not had any contact with him in 2 1/2 years, is that considered violating a standing court order?

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If my son’s father has not had any contact with him in 2 1/2 years, is that considered violating a standing court order?

He has recently contacted me and wants to enforce the court order for Christmas.

Asked on November 24, 2012 under Family Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the court allowed for visitation and your son's father has not visited your child, you need to file a contempt order. He has a right to still enforce the order if you have not made attempts to amend it due to his violation of the order. You should consider what is in the best interests of the child and if that means filing a contempt motion to prevent him from seeing your son, then you should pursue it.


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