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Ask Lawmoe Your Own Question
Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience:  Family Law Lawyer for 19 years
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What happens in a show just cause hiring for child custody

Resolved Question:

What happens in a show just cause hiring for child custody contempt of court?
Submitted: 7 years ago.
Category: Family Law
Expert:  Lawmoe replied 7 years ago.

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.



Customer: replied 7 years ago.

If you no longer live in that state do you still show have to go? I have no way to get there.


Expert:  Lawmoe replied 7 years ago.

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.


Customer: replied 7 years ago.
Will the

Uniform Child Custody Jurisdiction And Enforcement Act help with that? If I file a motion? We have not lived in IA since june

Expert:  Lawmoe replied 7 years ago.

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.



Customer: replied 7 years ago.
Relist: Inaccurate answer.
Expert:  Lawmoe replied 7 years ago.

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.


Customer: replied 7 years ago.
I have conflicting info then because under the

Uniform Child Custody Jurisdiction And Enforcement Act I thought that the home state was the only one that could hear the case.

Expert:  Lawmoe replied 7 years ago.

That is not accurate, but let me ask a few questions.


  1. Was the original custody order entered in Iowa?
  2. Does a parent still reside in Iowa?
Customer: replied 7 years ago.

Yes the oder was in Iowa

Yes the other parent is in Iowa

Expert:  Lawmoe replied 7 years ago.

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


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.


Expert:  Lawmoe replied 7 years ago.
Also see section 598A.6


"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.


Customer: replied 7 years ago.
I don't know what to do then because he purposly filed taxes claiming our daughter so that I would have no way of getting there or an attorney. Now that we are in AZ my daughter has school, I have other children and a disabled mother to care for. Is there anything that I can do I just got an application for a court appointed attorney that I first had to send a SASE to the court house to get. Now I have to send it back. I have not been served and only found out because I was looking at the case online. Is there anything I can do too keep from going to jail. Then man has not visited with our daughter in 4 years and now for refengehe is attempting to put me in Jail.
Expert:  Lawmoe replied 7 years ago.

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.


Lawmoe and 2 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
Thank you for you help. Have a blessed night.
Expert:  Lawmoe replied 7 years ago.

You too. Take care.


I wish you and your family the best of luck.