Custody Order Violation Steps

Summary

If a custody order is violated in Virginia, you can file a contempt of court action, even if an appeal is in process. Appeals generally dont halt enforcement of custody orders. If local law enforcement isnt helpful, consider consulting a local attorney for further options.

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I have a current child custody order in place it was set final a month ago but father appealed it within the *-day time frame I tried to file motion due to him breaking the current custody order but they told me at the courthouse they could not do that because he appealed it what do I do next
Hello ****. I understand your situation. May I know which jurisdiction you're in? This will help me provide the most accurate advice.
Juvenile
Hello ****. In most jurisdictions:
- Appeals don't usually stop the enforcement of a custody order.
- You may need to file a contempt action if he's violating the current order.
However, laws may vary. Can you please provide your specific location?
Wytheville va
Hello ****. Based on your location in Wytheville, VA, here's what you can do:
- File a contempt of court action for violation of the custody order.
- Appeal does not usually stay the enforcement of a custody order.
It's best to consult with a local attorney for precise guidance.
The courthouse at juvenile said that they could not do anything or it was out of their hands due to him filing an appeal against the order
Hello ****. It seems there may be some confusion at the courthouse. In Virginia:
- Appeals generally don't halt enforcement of a custody order.
- If the father is violating the order, you can file a contempt action.
Consider seeking local legal advice for accurate information.
So I don't file a show cause I file a contempt action
Yes, ****. In Virginia, if someone is not following a custody order, you file a contempt of court action, not a show cause order. It's advisable to seek help from a local attorney for this process.
What if there's several reasonings of him breaking the order and keeping kids from me in law enforcement will not do anything about it because of an appeal
Hello ****. Each violation of the custody order can potentially be a separate contempt action. However, police enforcement varies. If local law enforcement isn't helpful, consider discussing this with an attorney for more options.