Motion to Enforce – What to Understand
It is well recognized in the Families' Forum that instances will never die, never leave or proceed until the kids get adults. We see our fair share of instances of divorce and custody come through our door as a law firm dealing mainly with family law instances, but we also deal with instances which were already before us and where problems still have to be solved.
One of the problems our family attorney in oklahoma city, OK, face are many instances of enforcement. This usually includes a visiting scheme, ordered by the Court, which is established by the final order and is not being followed by a parent. Either they have turned away on their own, or the parents decided to turn away from the final order at some stage and now they are not getting along and are no longer agreeing to visitation modifications.
In the case where a parent decides to stop or change his/her visits as a company with the other parent, we usually wait and see whether this will be a behavior pattern or whether it is only one thing. If it is a one-time thing, although it disrupts the other parent and children, it is not the best idea to jump in and make an Enforcement motion, especially if the missed visit can be determined in the future. It is not uncommon for us to call when a parent threatens to stop or visit once. It is also uncommon for us to call. We generally promote a parent to wait until it's a pattern.
Issues Addressed by Motion To Enforce
Any order taken by the tribunal can be dealt with in order to demonstrate cause. If a court order is issued and a party does not comply with such orders, a case may be referred to.
What Needs to be Proved?
Three things must be shown in order for the court to discover someone in disdain.
That party under question knew the court order requirement.
The party complied with the order.
The party intentionally complied the order.
After the moving party has claimed and endorsed these three facts with an affidavit, the burden of the evidence moves onto the non-compliant group to submit evidence of these three components. You must then protect yourself in order to know what was needed and to be able to fulfill voluntarily and deliberately. It has not.
Enforcement instances are only one sort of case that falls under the heading Family Law following the issuance of a final order. If parents can work alongside parents and deal with problems such as these, it will be easier if you follow the letter or not because they understand that they have two parents who look for their best interests.
Visit The Handley Law Center for a family attorney in oklahoma city, OK.
** Disclaimer: This blog article is not legal advice and does not create an attorney-client relationship.