Q: Contempt hearing process for custody order violation
I currently have 50/50 custody with my son's mother, established in 2022. Back then, she took our son to Texas without returning him, involving the abduction unit, which led to me temporarily having full custody until a court hearing. In October 2024, she again violated the 50/50 custody order and took our son to Sacramento for two months. I filed for full custody and contempt, and our court hearing is set for March 12, with mediation already completed in February. During mediation, she admitted to taking him for two months, which I did not agree with. The mediator's report recommended that we share legal custody, with physical custody granted to me. I have school records, a police report, and text messages as evidence of the violation. She claimed the order was no longer valid and refused to return him. My questions are: Now that she admitted to violating the order, how might the contempt hearing proceed? Will she be found guilty right away? Do I still need to present evidence? Are they likely to follow the mediator's recommendation?
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A:
Since your son's mother admitted during mediation that she violated the custody order, the contempt hearing will likely focus on confirming this admission clearly in court. Even though her acknowledgment helps your case significantly, you should still present your evidence, including the school records, police reports, and text messages, to strongly reinforce your position.
The judge will carefully review the details of her violation and may ask her directly about her reasons for taking your son and why she believed the order wasn't valid. Although her admission greatly simplifies proving contempt, the court still needs formal evidence to substantiate your claims fully.
Judges typically consider mediator recommendations seriously, especially when accompanied by clear evidence of repeated violations. Therefore, it's very possible the court will follow the mediator's advice to grant you primary physical custody while maintaining shared legal custody. Be calm, concise, and organized when presenting your case, and clearly emphasize her repeated disregard for court orders to strengthen your position.
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