Mother is Violating a No Contact Order

[asulover]

My question involves a child custody case from the State of: Arizona

Seems like my Husband would know how to deal with any situation given he has been in a custody dispute for years but seems like something new always comes up!


He has primary custody due to domestic violence in the mother household, she lives appox. 200 miles away and gets the child every other weekend. Husband has a no contact order in place for Mothers ex-husband because of the drinking and violence, which they testified to it happening around the child. This past weekend we found out she has been getting my husbands son, keeping him Friday night, then dropping him off with her ex-Husband for Saturday/Sunday and then her Mom drives him back to us. Do we file contempt for this? The problem we have is not being able to prove it because we can discuss what my step son tells us as it is hear-say. Any ideas? Husband got the contact order because the man has several DV's, she has several against him and they have a bad drinking problems.

[Dogmatique]

Is the order actually between Mom's ex and the child? Or Mom's ex and your husband?

How old is kiddo again?

[asulover]

Is the order actually between Mom's ex and the child? Or Mom's ex and your husband?

How old is kiddo again?

It's for Mom's ex and the child. Husband is not included on it at all. The order states that he is not to be around the minor child unless its for drop off/pick up for their common child. Husband added that so it was possible for the child to have a relationship with his half sister and he tries to work with the Mother so she gets him on weekends she has the other child.

He is 7.

- - - Updated - - -

It's for Mom's ex and the child. Husband is not included on it at all. The order states that he is not to be around the minor child unless its for drop off/pick up for their common child. Husband added that so it was possible for the child to have a relationship with his half sister and he tries to work with the Mother so she gets him on weekends she has the other child.

He is 7.

Also, the judge just made it very clear that she can't leave him with this man 3 weeks ago in a hearing for something else. My Husband mentioned that he was still in contact with the child and the judge flat out told her. " This is not okay, you can't leave the child with him, why would you think that is healthy?" Something along those lines was said.. It's just so frustrating, just last month there was a police call out for them having a problem with following their court orders. Husband and myself just don't want the child in the drama, drinking and fighting. It's a bad situation all around,

[Mr. Knowitall]

If the mother is violating the terms of a custody order, then your husband can seek enforcement and appropriate remedial measures through the custody court. The ex- would not be a party to the divorce proceedings and thus the action for violation would be against the mother for leaving the child with her ex-.

If the mother's ex- is violating the terms of a protective order, your husband can notify the police that he's in violation when he's in contact with the child and they should come out, investigate and take appropriate measures. Your husband can also use the violation as a basis for seeking relief through the custody court, given that mom knows of the order and its basis but is leaving the child with her ex- despite the order.

But the two types of order are very different, and you appear confused as to what type of order we are talking about.

[degorgeouss]

my son has a no contact order in florida, (which was issued by his girlfriends mother) and he violated it. shes 16, hes 19. but hes been dating her since he was 17. anyways. i want to know what will be done in the courts? as far as him being arrested ? i dont want my son to go to jail, im curious what the consequences are?

[aardvarc]

the consequences of violating a court's no contact order, in Florida as in other states, is arrest and potential jail time

It doesn't matter how long they've been dating - this girl is a MINOR and thus her parents have 100% say in whether their daughter dates your son or anyone else. The order it might have been REQUESTED by her mother, but she didn't ISSUE the order - that was done by a JUDGE, who found there was good reason to do so - and judges expect their orders to be followed and are prepared to jail those who don't. When judges say "no contact" they really mean it - and Florida is one of the toughest states in the country on throwing the book at those who do ANYTHING against a minor - even if the minor WANTS the contact.

If an arrest occurs, your son needs to speak to no one BUT his attorney.