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RayAnswers, Lawyer
Category: Family Law
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Experience:  30 years as a family law lawyer .
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Hello, My name Bill Combs,and have a son who is 18.He will

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Hello,
My name Bill Combs,and have a son who is 18.He will not be emancipated for another year due to 1 more year of high school.He has been unwilling to follow the court ordered visitation,largely due to pressure from his mother,and many years of parental alienation by his mother. I'm still required to contribute to him for the next year. Are my visitation rights still enforceable?Or because he is 18,he can choose not to follow them.I live in California.

RayAnswers :

Thanks for your question and good afternoon.

Customer:

Hello

RayAnswers :

Yes you can file contempt here on the mother.The mother is responsible here and may be jailed or fined for the failure to get the child to the visitation.You would file a motion for contempt serve her and have hearing on jail and fines here with the judge/

RayAnswers :

You can do this here yourself.Here is self help to do so.You file where the divorce was granted and the orders entered.

RayAnswers :

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Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.


 

RayAnswers :

You should pursue this yourself and seek jail and fines until she complies here.I wish you good luck..

RayAnswers :

The child here does not get to decide.The mother is ordered by the court here and may be sanctioned for such failure.

RayAnswers :

Contempt - General Concepts



A party subject to a valid court order who, with knowledge of the order and the ability to comply, fails to comply with the terms of the order is subject to a contempt adjudication and statutory contempt penalties (Ca Civ Pro §§ 1218 & 1219). As an enforcement remedy, exercise of the contempt power enables the court to compel compliance with its valid orders.


In a "civil contempt," the punishment is "remedial, and for the benefit of the complainant." In a "criminal contempt," the sentence is "punitive, to vindicate the authority of the court."


The face of the Judicial Council Affidavit for Contempt form expressly states "A contempt proceeding is criminal in nature" and advises the citee that "the possible penalties include jail sentence . . ." Consequently, at least one court concludes any contempt proceeding brought on the standard Judicial Council contempt form is per se a criminal (not a civil or "remedial") contempt matter.


Family law orders and judgments are enforceable by contempt unless punishment by contempt would violate the constitutional guaranty against imprisonment for nonpayment of "debt" (U.S. Const., Amend. XIII; Ca Const. Art. I, § 10). However, an order or judgment is not a "debt" within the meaning of the constitutional guaranty against imprisonment for "debt" simply because it requires the payment of money. As developed below, most (but not all) family law orders and judgments are deemed based on a law-imposed obligation (not "money judgments in civil actions for debts") and thus are enforceable by the court's contempt power.



Orders Enforceable By Contempt


Support Orders: Child, spousal and family support orders are based on an obligation arising out of marriage and parentage and are imposed by law. They are not money judgments in civil actions for the payment of a "debt" within the meaning of the constitutional guaranty against imprisonment for debt and thus clearly are enforceable by contempt.


Child Custody & Visitation Orders: Child custody and visitation orders do not impose a "debt" obligation. Thus, e.g., the court may invoke its contempt power against a parent who unjustifiably interferes with the other parent's court-ordered visitation rights or violates an injunction restraining relocation with the children.

Customer:

Can I save this chat page for future ref.?

RayAnswers :

Sure and you can print it.Click on file in top left and down to print.Or you can copy it and then paste it as a word file and have it that way.Thanks for letting me help you.

Thanks again for letting me help you and have a great day.
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