Q: Rx-wife is continually in contempt of court per their parenting plan in which the judge enforced, but that judge wont
Hold her in contempt. What can I do legally?
A: The answer will depend on your specific facts and the type of violation that is occurring. It may be that you will need to consider modifying the existing plan to clean up any unclear language that is giving her leeway. Your best bet is to visit with an experienced family law attorney who knows the law and your judge to help consider your options. Best wishes.
A: If a party is not following the divorce decree, one of the most common methods of enforcing the terms of the Decree is a contempt action. If a contempt action was tried and was not successful, then the next step depends on the specific facts of the case. It may be that the terms of the decree were not clear enough for the Court to enforce regarding custody or parenting time. In that situation, it may be time to file a modification action to change or clarify the custody or parenting time order. The judge may have also provided some guidance as to how to handle the situation in the future. It such a situation, it may make sense to follow the judge's instructions (and keep proof of doing so) and then file a contempt action again if you tried to follow the court's advice and the other party still refuses to follow the parenting plan. There may be other options as well depending on the specific facts of your case.
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