Continuing Custody Trial?

Asked over 2 years ago - Los Angeles, CA

Custodial parent refuses to let NCP see child... CP continued custody hearing twice and refused to attend mediation twice- causing two reschedules. I do not think they plan on attending the next hearing or mediation (as history continues to repeat itself) Is there a form I can file to subpoena the CP or a Contempt form to stop the continual ignorance of the issue? I just want to see my child, but the CP will not let me and temporary order is useless...

Additional information

CP never files motion for continuance. They just call 10 minutes before and tell the court clerk they cannot attend.

Attorney answers (4)

  1. Steven Gary Hittelman

    Pro

    Contributor Level 9

    2

    Lawyers agree

    Answered . If you have a custody hearing on the court's calendar then you've likely filed a response (or the moving papers themselves) asking the court to make orders.
    I suggest you supplement your request to ask for a change of custody; that way if the custodial parent does not show to the hearing then you can ask the court to proceed by "default" and ask for the change of custody.
    I also suggest you search AVVO for a child custody attorney in your area, or contact the L.A. County Bar Association for a referrral to a family law specialist.

  2. Isileli Tupou Manaia Mataele

    Contributor Level 19

    1

    Lawyer agrees

    Answered . There are forms for family law contempt. If you don't have an attorney it is almost impossible to have it enforced. You're really really wasting time you can't get back by not getting an attorney. File for contempt to get it to help with trial.

    This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to... more
  3. Patricia Christine Van Haren

    Contributor Level 13

    Answered . You really should contact a family law attorney to assist you. The denial of access can be cause for a change in custody where presented appropriately. If you have an attorney present at the hearing to advocate for you, the court will be less inclined to continue the matter over to another date.

    If there are no court orders, you can not file for contempt, since there is no order which is being violated. The goal is to proceed without the other party (unless they show up) and to get orders for custody and visitation. Appropriate representation will assist you with this.

    The response above does not form an attorney-client relationship. This answer may or may not apply to you and... more
  4. Robin Marie Estes

    Contributor Level 12

    Answered . You have many possible remedies. First, if there is currently a court order that allows you specific and enforceable time, you may go to local law enforcement to enforce the order. Second, if you have not yet consulted with an attorney or cannot afford to do so, you should immediately go to the Family Law Facilitator's office in your county. They can help you to prepare the necessary forms for free. One of your possible remedies if there is a specific and enforceable order is contempt. I say specific and enforceable because if it is vague as to time, or days it cannot be enforced by contempt or by law enforcement. For example, an order that says "twice per week" is not necessarily enforceable by law enforcement, as it is vague. Whereas an order that says, every Wednesday from 3 p.m. until 7:00 p.m. is clearly enforceable, both by law enforcement and an action in contempt.

    Contempt is quasi-criminal in nature. This means that the court can fine her, jail her or both. In a contempt action the court must find that there is a valid court order, that the other person was aware of the court order and the other person did not comply with it. If the CP is simply refusing access, without defense and there is a valid court order, it is likely that the court will hold them in contempt.

    Many times in family law cases if the CP continually violates the court orders, the court has the remedy of changing custody to the NCP.

    If this answer is helpful to you, please click the thumbs up button below.

    Please be aware that any comments that I have made are preliminary and tentative and not based upon a thorough analysis of your case. I would need additional information and to review the exact documentation to be sure of the above advice. Please understand that the answer above does not create an attorney/client relationship between the reader and the attorney and it does not require me to answer any future questions. Thank you!

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