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Child Custody: Motion for Contempt

San Francisco, CA |

If I file a motion for contempt against my ex for violating a custody schedule, can I also ask the judge to have my ex pay for all or part of my expenses (travel fees, lawyer fees, etc.)? Also, once she's subpoenaed and says that she will follow the court order can we still move forward with the court hearing?

Attorney Answers 2


  1. Yes, depending on the success of your motion attorneys fees and costs can be part of the contempt ruling.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.


  2. Court CAN order atty fees and costs. That doesn't mean the court WILL. Court has discretion. Yes you can go forward if she later complies so long as she failed to timely comply with visitation per schedule. But a contempt hearing is something you may fail at without a lawyer because the defendant (your ex) gets a lawyer paid for if she cannot afford, you do not.

    Thomas Neil is an attorney, with 20 years experience, who represents clients in court in the Bay area, Sacramento, and surrounding counties. Or, if you cannot afford full representation then Mr. Neil can instead write you the forms and declaration you need, help you serve them, and tell you what to say and you can go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of success in court. Our office takes credit cards.

    Marin Law Office of Thomas A Neil
    1000 Fourth Street, Ste. 800
    San Rafael, CA 94901
    (415) 500-3014

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