Question asked on Feb 27th, 2014

Q: My ex and I , with our representation, had a hearing last week, and it was determined that my ex is supposed to return my child to me. He is not following the Order, stating that my daughter wants to stay with him. Can I involve the police, as it seems I may have to resort to this? My attorney says yes, but he is being quite vague. Can’t my attorney file a Motion vs. my ex for not following the CO?

A: No piece of paper will “ensure” any person acts properly; it merely creates the ability to do something about it if someone does not do so.

If you have a court order with specific terms (“the child is with mom on Tuesdays”) then yes, the police will normally assist in enforcement, but this is usually not good for the child, and a crummy way to go through life.  Yes, your attorney can file a motion, requesting enforcement and/or contempt sanctions.  But it is probably in the best interest of everyone involved to get to the root of the actual dispute, and reach agreement or, if impossible, an order on the underlying issue.

Marshal S. Willick