What can I file against my son’s father for violating our court orders?
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What can I file against my son’s father for violating our court orders?
I have full custody of my son with a support order with additional 1/2 medical/dental fees and 1/2 babysitting fees and visitation order to his father. Father is not taking our son for all of his visitation rights. He is granted 8 days a month; he only takes him 6 days. Also, he refuses to reimburse me for any medical expenses I have covered on his behalf, with his prior knowledge of the amounts due. He is violating the court orders set by the superior court. What is the process to file against him?
Asked on November 30, 2010 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
You need to file a contempt proceeding and t enforce the order as against him. You may or may no need an attorney to do so. Generally, parties can bring these proceedings on their own. In New York Family Court holds jurisdiction over these matters once the divorce is finalized in Supreme Court. You go down and you file a proceeding and then you are given a date to come back after he is served with the papers. On the return date the matter is heard by a Judge. It can sometimes be a very long process - waiting, serving, etc. But if you get a judgement against him you can execute on it. Good luck.
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