Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

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: 11 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 13 minutes by:
7/31/2017
Family Lawyer: Alex J. Esq., Attorney at Law replied 11 months ago
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,909
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!

Ask Your Own Family Law Question
Customer reply replied 11 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 11 months ago

Thank you for your follow up.

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

Ask Your Own Family Law Question
Customer reply replied 11 months ago
Waiting until next business day. But we will first thing tmrw. Thanks for your help
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a family lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Alex J. Esq. Your Own Question
Alex J. Esq.
Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16,909
16,909 Satisfied Customers
Experience: Licensed experienced Attorney

Alex J. Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,971 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,034 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

P. Simmons

P. Simmons

Lawyer

3,593 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,571 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,991 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,828 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Family Law Questions
Child custody in NJ. I'm parent of primary residence. Ex is
Child custody in NJ. I'm parent of primary residence. Ex is looking to cause problems with before and aftercare arrangements. … read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,461 satisfied customers
Great grandson was born out of wedlock. Mother refused to
Great grandson was born out of wedlock. Mother refused to enter my grandson as the father. Child born in PA but now resided in NJ with my grandson. Courts awarded custody to my grandson when CPS remov… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been divorced for 4 years. The initial custody
I have been divorced for 4 years. The initial custody agreement had a 50/50 parenting plan which we followed for 2 years. Then we switched to a different plan that gave me more time with the children … read more
LawTalk
LawTalk
Attorney and Counselor at Law
Juris Doctor
9,034 satisfied customers
My ex and I share 50/50 joint legal and physical custody and
My ex and I share 50/50 joint legal and physical custody and changed our childrens school what can I do… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My 10 year old daughter was assigned to research and make a
My 10 year old daughter was assigned to research and make a presentation of the MiG21 aircraft (an aircraft designed and built by the USSR and China and used exclusively by all enemies of the U.S.A an… read more
max713
max713
Lawyer, Mediator, Partner, and COO
Doctoral Degree
1,179 satisfied customers
Original custody papers signed but there is a new order of
Original custody papers signed but there is a new order of custody unsigned and unfiled with the clerk of court. if the non custodial parent defies the standing order of custody currently inforce by t… read more
xavierjd
xavierjd
Juris Doctor
3,361 satisfied customers
When I signed and agreed to civil restraints ( derived from
When I signed and agreed to civil restraints ( derived from a DV) I gave up time w/ the children under the assumption the statos quo would be considered from the day divorce was filed. I thought this … read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
Both parents from the divorce move to a different state, the
Both parents from the divorce move to a different state, the same state, than the custody order. Will the new state's judge recognize the original state's court order as binding if there is a dispute … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My ex-wife continues to defy court orders in paying her half
My ex-wife continues to defy court orders in paying her half of household expenses, allow grandparents visitations with our children. Can I get full custody based on these grounds?… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
i am a divorced parent and live in the stae of nj. i have
i am a divorced parent and live in the stae of nj. i have 3 children ages 19 16 and 14, their mother is the custodial parent and we share joint legal custody. my question is is she allowed to take the… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
State of NJ; My ex-wife has been given custody - and is the
State of NJ; My ex-wife has been given custody - and is the PPR. I am the PAR but we both share legal custody and the time equally. I want to become the PPR/custodial parent (I am currently the PAR). … read more
Tina
Tina
Doctoral Degree
83 satisfied customers
My ex (never were marred) is moving about an hour away with
my ex (never were marred) is moving about an hour away with my twin sons, which i see every tuesday and thursday after work and every other weekend. Without changing the constent order in place she to… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
I am stepparent to 6 and 7 year old kids of whom my husband
I am stepparent to 6 and 7 year old kids of whom my husband has full custody. Their "mom" is on probation for 5 years for cattle theft (1 count selling, trading, or disposing of livestock w/o a bill o… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My ex husband left my kids with his ex girlfriend for the last
My ex husband left my kids with his ex girlfriend for the last week of school and she brought them to me after school was out for the summer. I have had them for 2 weeks so far and he has only called … read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
7,856 satisfied customers
I am in the process of divorce in NJ and would like an expert
I am in the process of divorce in NJ and would like an expert review, opinion and edit of the following custody and parenting points I want to submit to the NJ Family Division courts. Could you review… read more
socrateaser
socrateaser
1,031 satisfied customers
ok, im active duty military currently deployed. i am a legal
ok, im active duty military currently deployed. i am a legal resident of texas but i am stationed at ft stewart georgia but i deployed in oct 09. my spouse was active duty when i joined stationed out … read more
Ely
Ely
Counselor at Law
Juris Doctor
11,971 satisfied customers
In Cook County Illinois, how do I prove my ex wife is cohabitating
In Cook County Illinois, how do I prove my ex wife is cohabitating and if proven can I stop allimony in a non modifiable judgement for alimony?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
The father of my child lives in GA, while my daughter and I
The father of my child lives in GA, while my daughter and I are NJ. My probation officer who handles my child support case has told me there is nothing they can do unless he crosses back into jersey. … read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x