{ "media_type": "text", "post_content": "CA attorneys: I have a client who got a court order that the kids are supposed to visit with him (kids are in another state) and now it appears that the kids may not follow the order, client already paid for their flights. Any suggestions on what to do? Ex parte? File the order in the other state to enforce the order? Hold the other parent in contempt? Thanks!", "post_id": "61a5410a9601a60038850338", "reply_count": 6, "vote_count": 1, "bowl_id": "5dd755f2232d3e001a6b51c0", "bowl_name": "Family Law" }

CA attorneys: I have a client who got a court order that the kids are supposed to visit with him (kids are in another state) and now it appears that the kids may not follow the order, client already paid for their flights. Any suggestions on what to do? Ex parte? File the order in the other state to enforce the order? Hold the other parent in contempt? Thanks!

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I'd file for contempt. Then look to see what the other State's laws are on registering foreign orders for custody (may be a UCCJEA issue). Pennsylvania has this and I've had to use it but the courts and police wouldn't do anything here until it was registered with the Clerk (Prothonotary). Otherwise, the other state may not do anything.


Thank you!

How old are the kids? Writ of habeus corpus?

They’re 13/14

Notify the police in the other state to enforce the order. Also, register the order in that state.

It’s tough to force 13-14 year olds to get on a plane. Unless the other parent is actually restraining them from doing so, it gets to a point where you just can’t force a kid to visit-can’t strap them in a car seat anymore. Before you spend a bunch of money on formal court proceedings, do you have a Friend of the Court or similar agency in your State you can contact to see what their policy is on compelling kids that age to get on a plane? In Michigan, the Friend of the Court will make a recommendation to the judge before you ever get your motion heard so it always makes sense to have relationships with them & be able to call & get a feel for what their thoughts are. Fair to the non-custodial parent? Not at all. On the flip side, how long would you move back & forth? It gets tough when they get to be that age. I’ve acted as a parenting time coordinator many times over the years & I seldom have kids that age ordered to travel. They can be fickle bratty…teenagers. Usually better if the parents travel. Better yet-best if parents realize kids need both parents & stay fairly close except in unusual circumstances. And I don’t feel crummy saying this because my ex & I put our boys first & managed to make a lot of different things work over the years. Without that? Tough & lots of hurt.

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