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Louisiana Rule for Contempt for Noncompliance with Visitation Schedule, and Order

State:
Louisiana
Control #:
LA-5161
Format:
Word; 
Rich Text
Instant download

Description

In this example, the plaintiff states that the defendant has refused to comply with a court order granting him visitation with his minor child. Petitioner requests the court to find defendant in contempt, to order defendant to allow visitation, and to cast defendant with attorney’s fees and court costs. An order to show cause is attached.

Definition and meaning

The Louisiana Rule for Contempt for Noncompliance with Visitation Schedule is a legal document used when one party fails to adhere to a court-ordered visitation schedule. This rule enables the aggrieved party to initiate a contempt proceeding against the noncompliant party, addressing the violation of visitation rights established by the court.

How to complete a form

Completing the Louisiana Rule for Contempt for Noncompliance with Visitation Schedule involves several essential steps:

  • Fill in the parties' names and addresses at the top of the document.
  • Specify the docket number and the judicial district court relevant to your case.
  • Clearly outline the visitation schedule previously established by the court.
  • Detail the specific noncompliance actions taken by the other party.
  • Request a court hearing by indicating when the court should require the noncompliant party to respond.

Ensure all necessary signatures and dates are included before filing.

Who should use this form

This form is intended for individuals who hold a court-ordered visitation schedule and have encountered noncompliance from the other party. It is advisable for custodial parents or guardians seeking to enforce visitation rights during any conflict with the other parent's adherence to the agreed schedule.

Key components of the form

The key components of the Louisiana Rule for Contempt for Noncompliance with Visitation Schedule typically include:

  • Identifying Information: Names and addresses of both parties involved.
  • Visitation Schedule Details: Clear outline of the visitation terms set by the court.
  • Statement of Noncompliance: Description of how the other party has failed to comply with the visitation schedule.
  • Request for Court Action: A plea to the court for findings of contempt and potentially legal repercussions for the noncompliant party.

Legal use and context

The Louisiana Rule for Contempt is used in cases where court orders regarding visitation are not being followed. This legal form is vital in enforcing compliance and protecting the custodial rights of the parent or guardian. In many cases, if the noncompliance is ongoing, it may result in adjustments to future visitation orders or sanctions against the noncompliant party.

Common mistakes to avoid when using this form

When filing the Louisiana Rule for Contempt, avoid the following common mistakes:

  • Failing to include adequate details regarding the visitation schedule and the nature of the noncompliance.
  • Not adhering to specific court formatting or submission requirements.
  • Neglecting to provide proper signatures or necessary documentation that supports your claims.
  • Submitting the form after the stipulated deadlines that may undermine your case.

Benefits of using this form online

Utilizing the Louisiana Rule for Contempt form online offers several advantages:

  • Convenience: Access the form anytime and from anywhere without requiring a physical visit to a legal office.
  • Easy Navigation: Fill out the form with step-by-step guidance to avoid confusion.
  • Time Efficiency: Save time by downloading or submitting the form directly online, expediting the legal process.
  • Cost-Effective: Often more affordable than hiring an attorney for straightforward submissions.
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FAQ

To file your papers, you must go to Clerk of Court's Suit Accounting office, located on the Third Floor of the Nineteenth Judicial District Courthouse, 300 North Boulevard, Baton Rouge, Louisiana. If you want to make other arrangements for filing, you should contact that office at (225) 389-3982.

To file your papers, you must go to Clerk of Court's Suit Accounting office, located on the Third Floor of the Nineteenth Judicial District Courthouse, 300 North Boulevard, Baton Rouge, Louisiana. If you want to make other arrangements for filing, you should contact that office at (225) 389-3982.

Read the summons and make sure you know the date you must answer by. Read the complaint carefully. Write your answer. Sign and date the answer. Make copies for the plaintiff and yourself. Mail a copy to the plaintiff. File your answer with the court by the date on the summons.

If a person is found to be in contempt, the court is able to impose sanctions, which may include the following: jail time (usually 1-30 days) ordering the party held in contempt to pay the money owed. ordering the party held in contempt to pay the other party's attorney's fees.

Paying Fines: the court can order the breaching parent to pay a fine up to $5000 either to the court or the other parent. Police Enforcement: the court can make an order that a police officer can arrest the breaching parent and bring them to court if the police is of the opinion that a custody order has been breached.

There is a valid court order in effect. The other person knows about the court order. The facts show a plain violation of the order. You have given the person notice of the contempt hearing and a chance to be heard. Contempt is an appropriate remedy for the violation.

Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court.

The word contempt is used to describe the situation when an individual has intentionally disobeyed a court order. In family law, a finding of contempt is a way for the Court to enforce child support, spousal support, custody and visitation orders that a party has violated.

Except as otherwise provided in this Article, a court may punish a person adjudged guilty of contempt of court in connection with a criminal proceeding by a fine of not more than five hundred dollars, or by imprisonment for not more than six months, or both.

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Louisiana Rule for Contempt for Noncompliance with Visitation Schedule, and Order