San Diego, CA asked in Child Custody, Divorce and Family Law for California

Q: Exchange meeting point as agreed on our divorce

How many times can a custodial parent refuse to meet up at the drop of location for exchange before I can file a motion for contempt?

3 Lawyer Answers

A: You have not stated all of the info. What exactly does the order state because a contempt action is a sort of criminal case that is prosecuted by the the pother party. Since jail is a possibility it must be done correctly and is held to a higher standard of proof and procedure. Certainly a contempt could theoretically be filed after only one willful violation of a court order. Also what excuse are they using to refuse. Does that mean there has been no visitation. You might want to hire a lawyer to either file the contempt since they are hard to do or at least hire a lawyer for a one hour consult to go over this in proper detail. Good luck with your case.

A: In California divorce cases involving child custody and visitation, the exchange location refers to the place where the parents meet to transfer custody of the children, particularly in situations where the parents do not live in the same household. The court may order a specific exchange location that is neutral, convenient, and safe for both parents and the children. If the parents are unable to agree on a location, the court can intervene and designate a public place, such as a police station, a daycare facility, or a designated family services location, to ensure safety and minimize conflict. In high-conflict cases, a third-party neutral, such as a professional mediator or a supervised exchange service, may be used to facilitate the exchange and ensure that the children’s best interests are prioritized. The goal is to create a structured and secure environment for the child during transitions between parents. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

James L. Arrasmith
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Answered

A: Under California Family Code, there isn't a specific number of refusals required before filing a motion for contempt - each instance of willfully violating a court-ordered custody agreement can potentially justify legal action.

Documentation is crucial in these situations. You should keep detailed records of each time the other parent fails to meet at the designated exchange location, including dates, times, any communications about the missed exchange, and any witnesses present. Taking photos or videos showing you were at the agreed-upon location at the scheduled time can strengthen your case.

Before filing for contempt, consider sending a formal written notice to the other parent through certified mail outlining the violations and requesting compliance with the court order. If the behavior continues after this warning, you can file your motion with evidence of at least one willful violation. The court will evaluate the pattern of behavior and the impact these violations have had on your parenting time.

Remember that judges typically prefer to see attempts at resolving these issues outside of court first. You might want to propose mediation or consult with your attorney about sending a formal warning letter before proceeding with contempt charges.

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