What are the consequences of violating court decisions in family law?
November 24, 2023 | 45,00 EUR | answered by Oliver Breitwieser
Dear team,
my name is Anna Maier and I am contacting you with a question regarding the following situation: My ex-partner and I have been divorced for some time and have children together. As part of the divorce proceedings, a court decision was made that, among other things, regulates the custody of the children. Unfortunately, my ex-partner does not adhere to this decision and acts independently. He does not bring the children back on time or makes important decisions without consulting me.
I am very concerned about the well-being of our children and wonder what consequences a violation of court decisions in family law can have. Can my ex-partner be deprived of custody? What measures can I take to ensure compliance with the court decisions? Are there legal ways to take action against my ex-partner?
I would greatly appreciate your assessment and possible solutions in this difficult situation.
Thank you in advance.
Sincerely,
Anna Maier
Dear Anna Maier,
thank you for your message and for trusting in my expertise in the field of family law. I am sorry to hear that you are in a difficult situation with your ex-partner regarding the custody of your children. I am happy to provide you with a detailed assessment of the possible consequences of violating court decisions in family law and the actions you can take.
First and foremost, it is important to know that court decisions in family law are binding and must be adhered to by both parents. Violating these decisions can have serious consequences, especially when it comes to the welfare of the children. In your case, if your ex-partner does not adhere to the agreed upon custody arrangements, this can be seen as a breach of his parental duties.
If your ex-partner repeatedly violates court decisions, this may result in him losing custody. However, this is a drastic measure and is usually only considered if the welfare of the children is seriously endangered. Before such a step is taken, you should try to resolve the issue through other means.
You can take various measures to ensure compliance with court decisions. I would recommend first trying to have a conversation with your ex-partner and explaining to him the importance of adhering to the agreements. It may also be helpful to involve a mediator to find a solution that is acceptable to both parties.
If this does not lead to the desired outcome, you can also take legal action against your ex-partner. For example, you can file a complaint with the family court for violating court decisions. The court will then assess whether the allegations are valid and take appropriate measures to ensure compliance with the decisions.
In any case, I recommend seeking legal advice to clarify your rights and options in this situation. An experienced family law attorney can help you find the best solution for your issue and support you in all legal steps.
I hope that my explanations are helpful to you and wish you success in finding a solution to your problem.
Sincerely,
Oliver Breitwieser
