It can be so frustrating to spend all the time and money to get a court order to have the other party just ignore it. Unfortunately, nobody monitors whether a party is following the court order, expect the other party. Therefore, it has to be brought to the court’s attention. We do this through filing an enforcement lawsuit.
An enforcement lawsuit tells the court that the person was ordered to do or not do something, the person is not doing as ordered and it requests the court to either make them follow the order or penalize them for not following the order, and sometimes both. If the person has not paid child support, even if it is for unreimbursed medical or dental expenses, the court can even order the person to jail in order to get compliance.
If the party has possession of the child when the Order states that you are supposed to have possession of the child, then we may file a Writ of Habeas Corpus so the Court can order law enforcement to take possession of the child and return the child to you. We can seek make up possession time as a result of time that you lost. Some violations can also create a situation where you can request that the orders be modified to prevent the likelihood of a reoccurrence. Depending on the situation the Court may order the offending party to pay your attorney fees too.
Courts are serious about enforcing their orders. So, if you have a situation where the other party is not following the court orders give me a call and lets make them comply.
With thirty years of experience Robin Rubrecht Zegen will help you identify and prioritize your goals and she will explain the options available for achieving them. She guides her clients through the transition while helping them maintain their relationships and dignity.
She is a member of the State Bar of Texas Family Law Section; Dallas Bar Association Family Law Section; Collin County Bar Association Family Law Section; Frisco Bar Association, and Plano Bar Association. She is a Master of the Bench in the Curt B. Henderson American Inns of Court.