My ex-wife is not allowing me to have visitation with our children. I have court ordered visitation from our divorce. Our Final Custody Order gives me part legal custody and visitation every 2nd and 4th weekend. According to some of the Fairfax County VA online documents I found there are two ways I can proceed. Either file a Motion for Contempt or Petition for Rule To Show Cause. How should I proceed?
You should file a Rule to Show Cause. There is a recent statute that now requires you to file and serve a Rule to Show Cause in order to obtain an order of contempt. Fairfax only uses a motion for contempt if the case is actively on the docket (i.e. you are in the middle of a divorce action). Some Fairfax judges require you to file a Rule to Show Cause every time (notwithstanding the Fairfax local procedures). I highly recommend that you consult with a lawyer.
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