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desacato al tribunal en el derecho de familia

Contempt of court in family law

The contempt of court in family law in Georgia can be a crucial issue that affects the involved parties as it influences the relationships and family dynamics agreed upon during the legal separation process.

As expert family law attorneys, we know that breakups and separations are not easy, and adapting to new measures can be complicated, but it is important to comply with them.

It is important to follow the judicial orders imposed during divorce proceedings literally. Failing to do so leads to contempt of court and may result in punishment.

In this blog, we will explain everything related to contempt of court in family law, when one may incur, and what measures can be taken to resolve the case.

What is contempt of court in family law?

Contempt of court in family law refers to the deliberate or negligent violation of a judicial order related to family matters, such as child custody, child support payments, or visitation.

Essentially, it involves willful disobeying to a court order established to protect the rights and interests of family members.

It is important to clarify that there are cases in which a person fails to comply with the orders established by the family court unintentionally. Whether due to job loss, changes in personal life, or some major event that prevented the fulfillment of their obligation.

These types of contempts are known as unintentional and are reasons why one can defend oneself against a petition for contempt of court in family law.

What situations are considered contempt of court in family law?

In family law, contempt of court can be considered when:

  • Failing to comply with established child support payments.
  • Not meeting spousal support payments to the ex-partner, if assigned.
  • Restricting the access of the father or mother to their mandatory visitations.
  • Not picking up or returning their child at the established times for visitations.
  • Disobeying any other order imposed by the family judge at the time of issuing the divorce decree.

How can you prove that contempt of court has occurred?

In the state of Georgia, to consider that contempt of court has occurred, the following aspects must be taken into account.

  1. There must be a valid court order specifying what each party must and must not do. A petition cannot be filed for an order that is no longer valid or has already been fulfilled.
  2. Demonstrate that the other party has the ability to comply with the orders issued but deliberately chose not to do so.
  3. Evidence supporting the events mentioned in the previous point must be provided.

What alternatives are there for contempt of court?

The legal process of contempt of court is expensive and exhausting for all parties involved. In family law, it is always recommended to use alternative measures to mediate the situation without having to resort to court.

The mediation process is highly recommended as it allows for dialogue and reaching a common ground regarding the issues that arose, potential solutions, and establishing a new path of agreements so that both parties benefit.

It is advisable to have the guidance and support of an expert family law attorney so that this mediation process is clear and does not go against the interests of the children.

How to prevent contempt of court in family law matters

To avoid legal issues related to contempt of court in family law matters, it is crucial to follow the court orders literally.

This involves respecting the terms of custody, making child support payments as ordered, and maintaining open and respectful communication with the other parent.

We understand that situations may arise that affect your finances and make it difficult to fulfill your obligations. If this is the case, you can always request a modification of the judgment, where you can renegotiate the agreement and obtain a new sentence that is much more suitable to your situation.

Conclusion

Contempt of court in family law can have serious consequences for all parties involved.

It is crucial to respect court orders and seek legal advice if problems arise to ensure the well-being and stability of the family.

If you need help with a contempt process, call us at 1-770-956-9961 | 1-404-920-4746 and schedule a consultation to work on your case.

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