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New York Enforcement Order (No. 2)
State:
New York
Control #:
NY-DGM-13
Format:
PDF
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FAQ
Some of the most common court order violations involve child custody or child support, visitation, or alimony. When this type of violation is proven to be willful, then the guilty party can be required to pay attorney fees and costs of filing a complaint, and may even face jail time.
Motion for Enforcement is used to enforce an Order that the Judge has already signed. A Motion for Contempt is used to punish a party for an act or omission that the party should or should not have done regardless of any Court Order.
After you complete your motion, you must file it with the court.You must then serve (mail) a copy of your filed motion (including all exhibits and the date, time, and place of hearing) to all other parties in the case. If a party is represented by an attorney, mail the motion directly to the attorney's office.
If you have a Child Arrangement Order in place and a party to that order is failing to comply with the terms then your first port of call is to try to resolve the issue privately. If this is not possible then you may wish to seek mediation or an application to court for enforcement which Nelsons can help you with.
In many cases where a court order is made against an individual, that individual does not comply, or refuses to comply. An Enforcement Order is a further court order effectively ordering a party to comply with a judgment or order made against them.
Apply for an order related to the enforcement of a child arrangements order or to set aside or change an existing enforcement order.
When one party refuses to follow a court order, the other party can file a motion for contempt.The purpose of civil contempt is to force compliance with the terms of the order; whereas, the purpose of criminal contempt is to punish a party's non-compliance.
Agreements for holidays such as birthdays and Christmas should also be defined within the Child Arrangement Order.It is important to note that generally, the police will not get involved in breaches of court orders where the child is with a person with parental responsibility, even if you make allegations of abuse.
An Enforcement Order is made when a fine is imposed or when the court is granting further time to pay a fine.
Generally speaking, a MOTION, is a request made to the Court to take some specified action or to compell a party to take some specified action, whereas an ORDER is the decree or decision of the Court.