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Can I file a contempt order against my ex? And how can I do it?

Belleville, IL |

Ex wife is not abiding by the court order, drops the kids off whenever she wants, usually three hours late on my weekends, denies my holidays, does not allow me talk to them on the phone, etc. This has been going on for over 6 months, do I have a case?

Attorney Answers 3


  1. If your ex wife isn't following the court order, and you've already asked nicely for her to comply, then the next step is to consult with a local attorney regarding making an application to the court. You can search the attorney profiles here on Avvo to find an attorney in your area who will be able to give you specific advice about your rights, options and obligations in this situation. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  2. Probably, but for contempt issues, it's advised you have an attorney. Under the statute, if you prevail, the other side pays (reimburses) your legal fees. Talk to one in your area for specific guidance.


  3. I agree with the advice you've gotten already, and I want to add that it will be very helpful to your lawyer if you immediately start documenting what is happening if you have not been doing so all along. Keep a detailed journal. Write down the exact dates, locations, and events. Write down what you did in response. Consider calling the police to report visitation interference when she is many hours late. Collecting this evidence of a pattern of behavior will make your story much stronger when you go to court.

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