Does Everyone Need To Follow Court Orders?
Everyone has to comply with a court order and if they are found to be in contempt, the court has several options as to what can do as far as penalizing you for not following through on the orders. They can award the person, the other ex’s attorney fees. In some instances, they can even incarcerate a person, although that’s not a common practice. Being in contempt of court can come down to anything at all that you can think of where a person might be ordered to do something. Such as paying alimony, paying child support, not cooperating and enforcing the parenting plan the way it’s supposed to be enforced. All of those things are things that can be brought up in a petition for contempt. It’s really important that you don’t sit on your rights when it comes to enforcing certain things.
What about other parenting situations where the courts can enforce an order?
Let’s say the two of you are taking care of everything with the courts for a while, then consistently for longer than 6 months, the other party is going contrary to the parenting plan. Then what can happen is the other person could argue that there is in place what’s called a de facto parenting plan. As soon as the person is in violation of the order, it’s very important that you make sure that they know that you do not agree with what they’re doing and that they need to do whatever it takes to comply with the order of the court. To summarize, what you need to do in the event that somebody is not complying with the court order is to simply file a petition for contempt. You go before the judge and the judge decides what to do. That’s a pretty good overview of this issue for you today.