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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37642
Experience:  30 years in civil, probate, real estate, elder law
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I am currently going through a divorce with a woman that I

Customer Question

I am currently going through a divorce with a woman that I have 2 daughters with. We both have legal custody over our children with designated days by the California Superior Court. She violated the order numerous times by not returning the children to me, changed their schools without my consent & caused me trouble to finally get my children back on the specified days. I would like to pursue legal punishment towards her.
Submitted: 3 months ago.
Category: Legal
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 3 months ago.

You wold file a motion for contempt here and they schedule a hearing called a show cause, she has to appear and show cause why she should not be held in contempt.Here there is a pattern that she has not followed the courts orders.

Forms

http://www.courts.ca.gov/documents/fl410.pdf

Law for reference

http://farzadlaw.com/contempt-court-divorce-california-law-procedure/

This is filed under same court and case number ***** the prior orders were entered.You will also need a certified copy of the orders to attach to this so the court can see what she was ordered to do.

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 3 months ago.

In California, a contempt proceeding in family law cases is initiated by the filing of an Order to Show Cause and Affidavit for Contempt with the Court. The person alleged of being contempt, the “citee,” is then served with a copy of the papers.

The facts of the case are outlined in an “affidavit of contempt.” This type of document sets forth the type of order violated, how the order was violated and when the violation occurred. Jurisdiction will occur when there are enough supporting facts that contempt has been made. The citee must in turn be notified of the charge and the time and place for the court hearing.

The decision for the contempt charge cannot be decided on the moving and responding papers alone. The citee is entitled to a formal hearing and be allowed to testify, call in witnesses and present evidence if needed in defense of the charge.

Customer: replied 3 months ago.
thank you for your information, i appreciate it! will you be able to assist me in filling out this form? i can provide you with supporting information
Expert:  Ray replied 3 months ago.

I can look at your document if you can post it here.

Customer: replied 3 months ago.
which document would you like to see? i'm attempting to fill out the ORDER TO SHOW CAUSE & AFFIDAVIT FOR CONTEMPT. I have the legal custody forms from the courthouse as well. I want to serve her for violating the custody order. It was not right nor fair to me as a loving father to my children
Expert:  Ray replied 3 months ago.

If you post the order/affidavit will be happy to look at it, thanks.

Customer: replied 3 months ago.
okay, so you want a copy of our custody order
Expert:  Ray replied 3 months ago.

That would be helpful too.

Customer: replied 3 months ago.
Okay, give me one moment & I will upload it
Expert:  Ray replied 3 months ago.

If you want to do unlimited chat here I sent you an offer.

Expert:  Ray replied 3 months ago.

If you accept you can ask away I will review and comment and answer follow up.Thanks again.

Customer: replied 3 months ago.
attached you will find the order.
Customer: replied 3 months ago.
page 2
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Customer: replied 3 months ago.
last page.
Expert:  Ray replied 3 months ago.

So are you going to post the order/affidavit here, thanks.

Customer: replied 3 months ago.
i have posted only the legal order for our children. now i want to file against her for keeping my daughters for 2 weeks & changing their schools
Expert:  Ray replied 3 months ago.

So here are the forms to file and seek to enforce the orders.

Forms

http://www.courts.ca.gov/documents/fl410.pdf

Law for reference

http://farzadlaw.com/contempt-court-divorce-california-law-procedure/

Expert:  Ray replied 3 months ago.

These are the forms you use, I gave you these above and you would complete and file them in same court to try and enforce the custody and visitation , etc orders.The court can hold her in contempt and jail/fine her for violations.

I wish you the best here.

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