If my wife is not in compliance with a court order, what can I do?

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If my wife is not in compliance with a court order, what can I do?

Asked on December 22, 2011 under Family Law, California

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

I assume you mean a divorce court order.  That said, you can file a motion with the court asking her to show cause why she is in violation of the court order.  The motion should have an attached affidavit explaining why you believe she is in non-compliance.  

Usually, you make at least 3 copies of the order and file them with the court.  The court will take a copy and return the original, a copy and notice of a court date.

Once you have a court date a process server will have to serve her with a copy of the motion and the notice of the upcoming court date.

The process server will sign an affidavit asserting that a copy of the motion and notice has been served on her.  You take the proof of service and original motion and file it with the court.

On the date of the hearing on your motion the judge/commissioner will her testimony and determine if your wife is in contempt of court.

If the judge decides your wife is in contempt he will then decide what punishment to impose. Such as:attorneys fees for having to bring the motion: make up parent-time; and/or return of the children. Note, this is how it is done in Utah. I suggest you consult with an attorney in your state to ensure that it is done correctly.

 

Hope this helped.


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