If there is shared physical custody of the child or even if the child spends a lot of time with the other parent, it does make it a more difficult burden to be able to move out of state. This would be best interest standard vs. the Yannas standard. So, it is not the real […]

The first thing that the judge would look at is what sort of formal custody order is in place. Do you have sole physical custody or not and if there has never been a formal custody order, the court would decide what the informal custody order is. Assuming you have sole physical custody of the […]

If there is not a current court order you in most cases be prudent to either get permission from the other parent or the court before you move to another state or leave the country with your child. You personally do not need to get permission for you to move out of the state, but […]

One of the biggest defenses on contempt cases is beyond the order being ambiguous or factual about whether the Defendant violated it or not it would be the inability to comply. It is clear in the statute that the Defendant has the burden, but he/she can show that he/she cannot comply with the pre-existing order. […]

In a contempt action the Plaintiff must satisfy that it was a clear and unequivocal court order and the Defendant engaged in a clear violation of that order. The beginning part of that is if the order is uncertain there cannot be a finding of contempt. So, if it has more than one meaning or […]

The standard is clear and convincing evidence of the violation of clear and unequivocal court order. Clear and convincing evidence is more than a civil case which is a preponderance of evidence in anything more than 50% and less than reasonable doubt in a criminal case. Again, it is more than preponderance of evidence but […]

A Complaint for Contempt addresses non-compliance with a court order. That includes not only filing Judgments but also Temporary Orders. Most of the Contempt actions are civil in nature. It is used when a party seeks to enforce a court order or judgment. If either party violates a court order that may be considered a […]

The standard a proof to modify an existing Restraining Order depends on partially on whether it is the Plaintiff or the Defendant seeking the modification and a little bit about what the status of the existing Order is and what the modification to be sought is. To obtain a modification of a Restraining Order the […]