FLM 168 – Custody Agreement

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(0:00 – 0:15)
Hi, everyone. Welcome to Family Law Matters. I’m Dr. Michael Mantell, joining Bonnie Rabinovitch Mantel, who is the owner and managing partner of the highly esteemed Primus Family Law Group.

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Hi, Bonnie. Michael, you always say that so nicely. Thank you so much.

How are you doing today, Mr. Very Esteemed Harvard Course Lecturer? Oh, you’re ahead of the game. Thank you very much. Bonnie, so today, a question that has been presented, and this is not just from one individual, this is something that people share.

(0:42 – 1:00)
My spouse won’t adhere to the custody agreement. And we’re talking about children, obviously, and their well-being. What is a spouse to do? You know, when a court makes an order, they get really upset when people don’t follow them.

(1:00 – 3:08)
So there’s a lot that we can do. With a skilled attorney, you can file for enforcement proceedings, and those can always lead with sanctions against the other party. And for those that don’t understand, sanctions means money.

So often, when people are not following court orders, when they go in and you tell a judge they’re not following court orders, and the judge has to admonish them for following court orders, judges get upset with that and are likely to make you pay a fine for having to go to court to tell you to follow the court’s orders. If you continue to do it, judges will consider modifying custody. If you continue doing, judges will consider flipping custody.

So you could lose your children because you’re trying to play hard and fast with the rules. If you don’t think the orders are in the best interest of your children, you can file a motion. But until they get modified, Michael, follow the court orders.

It shows your children that it’s important to follow the rules, even if you don’t always like them. Well, let me pick up on something you said. What if there’s a legitimacy to not following those? The other person, the other parent is demonstrating some serious problems, some serious concerns.

What then? Then you file what is known as an emergency order, which is an ex parte, and saying, hey, this parent is doing X, Y, and Z. If it’s abuse, if it’s drugs, if it’s any sort of things that are putting the children’s best interests in question, then you also have the mechanism of going to court on an emergency basis. And any skilled attorney will be able to take you to court to get in temporary, immediate custody of your children so that you’re not violating a court order. And you and your fellow attorneys at Primus Family Law, I imagine are very skilled in doing this and can certainly be of help if someone has concerns that they want to bring to you.

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Yes, Michael, we are actually all California board certified family law specialists. So we can help you with this and pretty much any other family law matter that happens in San Diego. Well, you provide very sophisticated client services.

So if people have questions about this particular issue of custody and following court orders and whatnot, how can they reach you? Well, they can reach us directly at 619-574-8000. And you will be put on my calendar for a free 30 minute phone or Zoom consultation as you wish. Or you can reach us online at www.primusfamilylaw.com. There’s a form you can fill out and there’s even a live chat agent that you can speak to.