Q: What to do when you know that your ex-wife is breaking a court order by leaving the state with the kids every weekend?
Not only is she leaving the state, but she drops the kids off with her boyfriend for him to watch for the weekend. She then returns to the state of VA to go to work for the weekend. Should I get an ex parte request (if I have strong evidence), emergency order, or call for a child welfare check when she drops the kids off (catch her red-handed) and return back to VA (5 hours away)?
A:
Court orders in Virginia are enforced through a contempt proceeding. After reopening the case, the proceeding is initiated with the filing of a verified petition describing the violation of the court order, along with a rule to show cause. If the judge finds the grounds sufficient, he or she will sign the rule, summoning the contemnor to appear at a given date and time. The contemnor must be served with the rule, and the process will proceed as any other evidentiary matter, with a hearing on the alleged contempt.
Anyone considering a contempt proceeding against his or her ex-spouse should consult with an experienced Virginia family law lawyer concerning his or her options and the best course of action.
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