Family Law Questions? Ask a Family Lawyer Online.
An Order to Show Cause iis an Order that requires an party to appear in court. If they fail to appear, a warrant can be issued to compel their appearance.
At the first hearing for contempt, the person who is the subject of the contempt order may admit or deny the contempt. If admitted, each party may provide their explanation and make argument as to the appropriate sanction.
If denied, the matter proceeds to an evidentiary hearing where testimony is provided to prove or disprove the contempt. It is a defense to contempt that th person was unable to comply or, in the case of custody, that there was a concern of abuse or endangerment that precluded compliance.
If the court finds after a hearing that contempt has occurred, they may impose any number of sanctions. They may impose a jail sentence. They may impose a jail sentence and stay that sentence so long as the person complies for a defined amount of time into the future. they may sanction the person financially including payment of the other party's legal fees. They may award compensatory parenting time to the other party . There are many options.
PLEASE CLICK ACCEPT BELOW
If you no longer live in that state do you still show have to go? I have no way to get there.
Yes. It requires your attendance. If you do not go, a warrant can be issued. As a result, if you are stopped for any purpose, you can be held pending an extradition proceeding to the issuing state. If there are children in your care that are the subject of the order, you can expect that the warrant may be more actively enforced.
It would be wise to address the issue or it tends to get worse.
Uniform Child Custody Jurisdiction And Enforcement Act help with that? If I file a motion? We have not lived in IA since june
No. If you lived in Iowa, that is the state with original and continuing jurisdiction unless changed. You cannot defeat it by relocating to a new state.
It is an accurate answer.
To be more clear, the jurisdiction remains in Iowa unless or until you file a Motion in Iowa to move jurisdiction to a new state. If the other parent still lives in Iowa, it cannot be moved.
Uniform Child Custody Jurisdiction And Enforcement Act I thought that the home state was the only one that could hear the case.
That is not accurate, but let me ask a few questions.
Yes the oder was in Iowa
Yes the other parent is in Iowa
Then the case must be heard in Iowa - at least in as much aas that is where you must file a Motion to move it.
The UCCJEA in Iowa's code is located at http://www2.legis.state.ia.us/IACODE/1999/598A/
Under Section 598A.3 it specifies jurisdiction. Specifically, a court which is competent to modify child custody matters are:
a. This state is the home state of the child at the time of commencement of the proceeding, or had been the child's home state within six months before commencement of the proceeding and the child is absent from this state because of removal or retention by a person claiming custody or for other reasons, and a parent or person acting as parent continues to live in this state; or
b. It is in the best interest of the child that a court of this state assume jurisdiction because the child and the child's parents, or the child and at least one contestant, have a significant connection with this state, and there is available in this state substantial evidence concerning the child's present or future care, protection, training, and personal relationships; or
c. The child is physically present in this state, and the child has been abandoned or it is necessary in an emergency to protect the child because the child has been subjected to or threatened with mistreatment or abuse or is otherwise neglected or dependent; or
d. It appears that no other state would have jurisdiction under prerequisites substantially in accordance with paragraph "a", "b", or "c", or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and it is in the best interest of the child that this court assume jurisdiction.
Based on the language, under sub paragraph b, Iowa clearly has jurisdiction.
Arguably, under sub paragraph a, Arizona may have jurisdiction. However, in my experience, most courts determine that the "commencement of the proceeding: within that paragraph means the original custody proceeding and not the current motion.
Nonetheless, at best there is "concurrent" jurisdiction in both states. As a result, you must file a Motion in Iowa where the matter originated and where the current matter is filed to have it moved to another state. In deciding such a matter, the court will decide where the best evidence lies with regard to the issue under review.
"A court of this state shall not exercise its jurisdiction under this chapter if at the time of filing the petition a proceeding concerning the custody of the child was pending in a court of another state exercising jurisdiction substantially in conformity with this chapter, unless the proceeding is stayed by the court of the other state because this state is a more appropriate forum or for other reasons."
As a result, you cannot simply commence an action in Arizona. You must file your motion in Iowa and you must appear in Iowa.
You may be able to file a Motion to transfer the case to Arizona and call the Court Administrator in Iowa to seek to permission appear by telephone. That is your only real option since there is great risk in failing to appear.
You too. Take care.
I wish you and your family the best of luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).