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What can you do if your ex-spouse won't follow court orders?

If your ex-husband or wife is not complying with custody orders, there is a cause for concern. Instead of waiting to see what happens, you can turn to the court and file a motion for civil contempt and enforcement. When you file this document, you need to show what the other party failed to do and then have that claim notarized. Your attorney can help you prepare the motion for civil contempt and enforcement, so it's filled out appropriately.

After you turn in the document to the court, a copy of it is served to the other party in the case. He or she is given time to respond, and the court sets a time for a hearing. After receiving the time and date for the hearing, you must complete another document, the Notice of Hearing on Motion for Contempt/Enforcement. A copy of this document also has to be served to the other party. You can serve the document through email, mail or by hand-delivery.

Since you're the person starting the case, you have the burden of proving your side of the case on your shoulders. If the judge agrees with the evidence you present, the other person will have a chance to explain why he or she could not comply. If the judge believes the other party is not following through on court orders without just cause, then he or she may find the other party in contempt and order compliance. Your attorney can help you collect the evidence you need, so it's in order for the judge and ready for review.

Source: Florida Courts, "Instructions for Florida Supreme Court Approved Family Law Form," accessed Jan. 04, 2018

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