In cases where a parent is violating the Sacramento County Child Custody orders (or any other family court orders) and all other less intrusive legal remedies have failed, the offended parent should consider filing a motion for contempt of court. The Sacramento County Child Custody court will potentially fine or imprison any party they adjudge to be in disobedience of its orders (i.e. contempt of court).
Contempt is a tricky process and involves proving several mandatory elements in a contested trial. The Sacramento Child Custody court will presume that the accused parent is innocent, and the accused parent is afforded access to their own attorney if they cannot afford it and they have the right to confront their accuser. There is no right to a jury trial. It is the responsibility of the accusing parent to prove that the accused parent is guilty. To prove contempt, the accusing parent must prove:
(1) There was a valid court order with clear and unambiguous terms. (2) The other parent knew of the order (i.e. they were present in court, or were served with a copy of the order). (3) The other parent had the ability to obey the order (4) The other parent willfully violated the order.
If you are involved in a Sacramento child custody case, and you believe your ex-partner is acting in contempt of court, please set an appointment with our Sacramento child custody attorneys to discuss your legal rights. Call us today for your free half hour consultation.