I am in Santa Clara county. I have everything documented I just need to know the form I use to file. Thanks in advance.What form do I use when the other parent is not following the court ordered visitation schedule?
you can find out about the process here:
an example can be found here:
Most courts have a blank ';Motion to show cause for contempt'; that you can fill out for just about anything. If your local courthouse does not, then you need to file your own Motion to Show Cause for Contempt visitation.
The party subject to a valid court order who, with knowledge of the order and the ability to comply, fails to comply with the terms of the order is subject to a contempt adjudication and statutory contempt penalties (Ca Civ Pro 搂搂 1218 %26amp; 1219). As an enforcement remedy, exercise of the contempt power enables the court to compel compliance with its valid orders.
In a ';civil contempt,'; the punishment is ';remedial, and for the benefit of the complainant.'; In a ';criminal contempt,'; the sentence is ';punitive, to vindicate the authority of the court.';
The face of the Judicial Council Affidavit for Contempt form expressly states ';A contempt proceeding is criminal in nature'; and advises the citee that ';the possible penalties include jail sentence . . .'; Consequently, at least one court concludes any contempt proceeding brought on the standard Judicial Council contempt form is per se a criminal (not a civil or ';remedial';) contempt matter.
Family law orders and judgments are enforceable by contempt unless punishment by contempt would violate the constitutional guaranty against imprisonment for nonpayment of ';debt'; (U.S. Const., Amend. XIII; Ca Const. Art. I, 搂 10). However, an order or judgment is not a ';debt'; within the meaning of the constitutional guaranty against imprisonment for ';debt'; simply because it requires the payment of money. As developed below, most (but not all) family law orders and judgments are deemed based on a law-imposed obligation (not ';money judgments in civil actions for debts';) and thus are enforceable by the court's contempt power.