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Hi. I have court papers that specify that the parent can call…

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Hi. I have court...
Hi. I have court papers that specify that the parent can call the child twice a week on their off weeks. What if the other parent won't let me talk to the child when he has her?
Submitted: 8 years ago.Category: Legal
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Answered in 2 minutes by:
6/24/2010
Lawyer: Ely, Counselor at Law replied 8 years ago
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,583
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



What you have to do is to file a Motion for Enforcement by Contempt. A Motion for Contempt is essentially the device you use to make sure the other party follows the temporary or permanent orders set out by the Judge. It doesn't matter when the original orders were - 5 weeks of 15 years ago - as long as he is still alive, they are binding.Once a MoC is filed, a hearing date is set, and the other side is served. At the hearing, you or your attorney outline the things that the other side has not lived up to (which would also be spelled out in the motion). The Judges do NOT like it when their orders aren't followed (theirs, or their predecessors - all the same). The Judge will demand a reasonable explanation, and by reasonable, I mean a life/death/imminent harm reason.When the Judge will get none, The Judge will verbally admonish (i.e. scream) at him, and then tell to follow the orders. At your request, he can also be made to pay for your costs in brining this motion (attorney costs and service, etc). An enforcement hearing will be set later. If he STILL do not perform, the Judge may assign punitive damages, or even imprison. Repeated contempt will hold a jail sentence to set him straight.Oh and I'm assuming it's a "he," but it can obviously also be a "she."

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”




















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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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