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Can one file a contempt order against another party without…

Customer Question
Can one file a...

Can one file a contempt order against another party without concrete proof? Example: "PPR" without a custody order is ordered by court to not leave the state with children until specific court date to address custody. PPR has acknowledged via text they received the order. PPR then goes off the radar for the time period they had already informed PAR would be visiting another state with minors. When asked by PAR to speak to or see children, they are ignored first for 24 hours, then simply respond they are busy and children are with her. When asked about the specific wherabouts of the children, an answer is not provided. When asked for a photo to show children are OK, one is not provided. When asked if PAR can speak with children immediatley, they received no response. The PAR knows the PPR took them across state lines defying the order, but cannot "prove" it. Are there grounds to file for comtempt of order?

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?

NJ

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet but we are calling local legal aid tomorrow, first business day. But PAR would like to get order asap if there are grounds

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time

Submitted: 8 months ago.Category: Family Law
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Answered in 13 minutes by:
7/31/2017
Family Lawyer: Alex J. Esq., Attorney at Law replied 8 months ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,821
Experience: Licensed experienced Attorney
Verified

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

I cannot comment on your specific case, but generally, when a parent makes an allegation / claim that the other parent had violated court ordered child custody or violated some type of restriction related to the child custody which was ordered by the court, it would be up to the parent who is making such claim to prove the contempt / violation of the court ordered child custody by clear and convincing evidence and unfortunately, any circumstantial evidence, such as lack of communications / cooperations, etc...would not be generally considered clear evidence of the fact that the other parent took minor children across the state lined, in violation of the court order.

I am very sorry to provide you with this bad news, but please understand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and good luck!

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Customer reply replied 8 months ago
In this instance it would be very difficult to prove unless PAR hired a PI or something to obtain proof. Would you be able to give me examples of what might be considered concrete evidence in such a matter?
Family Lawyer: Alex J. Esq., Attorney at Law replied 8 months ago

Thank you for your follow up.

Have you consulted and/or retained an experienced local child custody attorney yet?

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Customer reply replied 8 months ago
Waiting until next business day. But we will first thing tmrw. Thanks for your help
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Alex J. Esq.
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Category: Family Law
Satisfied Customers: 16,821
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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).

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