Legal Question in Family Law in California

My ex and I were ordered to go to parenting classes together in 2010, while we went to court for custody issues. I went to the classes (12 weeks) by myself and the judge issued another order for another class for us both to go to and if she failed to go he would grant me the custody that im requesting. Well she didn’t go again and I have a letter from all the courses I went to validating that I went and she didn’t and there was no way for to continue the courses without her being there.

Now that she’s been served she went to register for the classes, even though court is in a few weeks. She will not be complete in the courses but shes using registration as a way to meet the requirements. In the mean time she has also been throwing our kids out of the house (12 / 11 years old ) and has verbally / emotionally abused them and has thrown things at them in arguments. Obviously I want to get our sons out of an environment like that.

My question is this – how can I approach the judge to remind him of what he said as far as granting me what I request if she failed another course without offending him or getting myself into trouble? I was told that people disregard court orders all the time at no consequence. I’d like to have the judge recognize her pattern of negligence – but I feel like the court doesn’t like men and will enable her to go another few years of disregarding his directives.

Asked on 2/27/12, 11:08 am

2 Answer from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

The most important consideration now seems to be the abusive verbal and emotional behavior by your ex. Your motion to change custody ,you should point out to the judge her failure to attend to these classes until now but the current abuse is the real reason to change custody.

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Answered on 2/27/12, 5:03 pm

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