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Legendary Cubs Hall of Famer Ernie Banks Elected Honorary President of Fatherhood Educational Institute

Left to right, FEI advisory board member and former New York Giant Gordon Bell, FEI President Emeritus attorney Jeffery Leving, Honorary President Ernie Banks, FEI board member matrimonial attorney James Hagler and FEI supporter, matrimonial & appellate attorney Andrey Filipowicz.

Legendary Cubs Hall of Famer Ernie "Mr. Cub" Banks was elected Honorary President of the Fatherhood Educational Institute (FEI). FEI is a non-profit organization founded by nationally recognized family law attorney Jeffery M. Leving. The non-profit is dedicated to promoting positive fatherhood involvement in all communities.

Mr. Banks became involved with FEI because he was impressed by its outreach programs and seminars. The Cubs Hall of Famer was especially admiring of FEI’s fatherhood educational seminars, which allow men to gather together and talk about some of the stresses of modern fatherhood, as well as its Virtual Visitation Initiative, which aims to foster greater connection between children and fathers who are physically removed from their families because of disability, illness, military service or incarceration.

For more information about the Fatherhood Educational Institute call Jennifer Whiteside at 312.795.9060 and visit www.fatherhood-edu.org.

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Home » Ask A Lawyer » Need2AskLawyer Topic: Ex Wife is Violating Court Orders

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Need2AskLawyer Topic: Ex Wife is Violating Court Orders

Author: Matt Allen, Editor, DadsDivorce.com

Posted: 03/22/12

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Need2AskLawyer - Blog

Contempt and Modification Options If Your Ex-Wife Is Violating Court Orders

By Jamie Kinkaid

Divorce Lawyer, Cordell & Cordell

Divorced dads often find themselves wrestling with available options when their ex-wives continually ignore and violate the divorce decree. The most common transgression is ignoring the parenting time schedule.

In general, single dads have several options when it comes to enforcing court orders but the most common are contempt and modification motions.

Contempt of Court

When a court order exists, the parties must follow the order or risk a possible Contempt or Show Cause Action.

A party, who has not followed the order, and apparently refuses to follow the same, will be asked to appear in front of the judge, and explain, or “show cause”, why they should not be held in contempt of court for their failure to follow the court order.

In general, in order to be held in contempt, it is the burden of the party who has been aggrieved to show that such failure to follow the order was both “willful” and “contumacious.” Should the court find the party who failed to follow the order is in contempt, they will be punished.

Punishments vary and is somewhat based on the individual judge’s preferences. It can result in taking away parenting time for a specified period of time, fines, a date to come to into compliance, attorney’s fees, and in rare occasions, jail time.

A judge typically has discretion to determine what the best option is when a party is in contempt, and it typically depends on how long the contempt has been going on and how egregious the judge finds the actual acts.

Modification

Although some individuals prefer the contempt/show cause route, another option is a modification of your divorce decree.

Where I practice, the fact that the mother is interfering with parenting time on a continuing basis would be considered a “substantial and material change” of circumstances. Such a “substantial and material change” is necessary in order to modify the original decree and parenting plan.

When justifying a modification, your model behavior will greatly enhance your case for modification. This is especially true if the mother of your children has not held herself to such high standards.

In closing, I urge anyone facing a similar situation to seek in-depth legal advice from a qualified family law attorney in your area to discuss your options further.

Cordell & Cordell has mens divorce lawyers nationwide should you seek additional legal advice or representation.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Omaha, Nebraska Divorce Lawyer Jamie Kinkaid, contact Cordell & Cordell.

Matt Allen is the editor of DadsDivorce.com. DadsDivorce.com was founded by Joseph E. Cordell for the purpose of informing fathers about their rights during divorce litigation, while providing them with concrete, practical resources to achieve the best results in the courtroom.