How to proceed in an enforcement of a court order.
Enforcement is a process of ‘making sure’ a rule is performed – by all means necessary.
It is disappointing and tasking when your child’s other parent refuses to follow the court’s order on access and visitation. Contempt is disobedience to a court’s order or decree. What do you do when the other party is in contempt? When such situation arises, there are solutions.
One of the solutions is to start an enforcement action.
How do you enforce the court’s order when the other parent fails to follow through? First, we define enforcement. This is a court proceeding that forces a disobedient person to obey its order. Otherwise, they are in contempt of the judge’s ruling. These types of proceedings apply to:
a. Child visitation
b. Child custody (conservatorship)
c. spousal maintenance
e. any other order signed by the judge addressing property division
To enforce a court order, file a motion to enforce the order that was violated. You must tell the court what specific language was disobeyed. This is your way of bringing the other party’s disobedience to the court’s attention. Enforcement action requires evidence and knowledge of the law. You have to show proof that the other party failed to follow the court’s decree.
One of the ways of showing contempt is through photographs. Another way is text messages. There has to be a link between a specific provision in the Order that was violated and your evidence.
It is not enough to tell the court a party disobeyed. What is the punishment for such disobedience?
At Aminu Law Firm, our family attorneys can sit with you and discuss your options. We provide legal solutions for families. Contact our office to speak with one of our staff and get a free case evaluation.