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Stanislaus County Disctrict Attorney's Office
Child Abduction :: Court Order :: Visitation Problems
  • Child Abduction :: Court Order :: Visitation Problems

VISITATION PROBLEMS WHEN THERE IS A COURT ORDER
In most cases where the parents of child(ren) are separated or divorced there has been the involvement of a court and judge. Although there may not have been a marriage, there are other court proceedings which will result in a child custody order. Usually the parents or other persons wanting a child custody order participate in the court process in creating an order (mediation).

The judge's decision concerning the child is called an order. The judge's order must be obeyed strictly as it is written. The principal responsibility to enforce the order of the court lies with the parties who have brought the problem to the Court for a resolution. Only after their resources to enforce the order are exhausted or there is a criminal intent involved in a problem should law enforcement or the District Attorney's Child Abduction Unit be contacted.

There are many occasions where the order of the court is ignored or for some reason not obeyed. When this occurs the other party may want the situation corrected so they will not lose any time with their child. If one of the parties believes there is a violation of an order, they can bring the case back to court by their own moving papers and request a modification of the order.

The parties can file their own civil contempt of court action against the person they believe violated the order. Only after a court has found a violation of the order is a person considered to be in contempt of court.

 
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