Virginia Family Law: What is a Show Cause?

Sometimes people do not follow court orders. Maybe the other parent is refusing to pay child support or is attempting to contact the children at odd hours. The Court has the ability to stop these behaviors and enforce its orders. It is important to understand how the Court does that and what you have to do to enforce your orders.

So what is a show cause and how do you file one?

Virginia Family Law: What is a Show Cause?

A show cause is a document that you file with the Court asking the Court to enforce an order. The show cause identifies a few things:

1) The specific order that is being violated;

2) What provisions of the order are being violated;

3) How those provisions were violated;

4) When those provisions were violated;

5) What you want the Court to do about it.

How to File a Show Cause in Virginia.

A show cause can be filed either by hiring a lawyer to draft it or, if it is a juvenile order being violated, contacting your local juvenile intake. They can potentially help you fill out the show cause.

What Powers Does the Court Have in a Show Cause?

The Court has a few powers when you file a show cause. The ultimate goal is to force compliance. In order to force compliance th Court can;

1) Order a fine;

2) Impose additional restrictions on custody or visitation;

3) Impose jail time;

4) Order them to fully comply or face additional sanctions.

The specific power the Court uses depends on the facts of the case and how severe the violation is.

Why You Need a Family Lawyer

Make sure you talk to a family lawyer if you are considering a show cause. They can help you put as much detail in the document as is necessary and ask for the right kinds of sanctions.

COVID-19 and Custody Issues in Virginia

School is shut down. Custody schedules around Virginia are in disarray. Many people have been calling asking how to handle these developments. Common questions include: a) do I have to allow the other parent to see the child, b) am I allowed to leave the house, c) are we in the summer schedule now, etc.

It is important to understand that these are trying times. This article will give some basic guidance on co-parenting from a legal perspective during a pandemic. However, at the end of the day, the best advice anyone can give is read your court order.

Common Covid Questions for Split Households

I would like to start by answering those most common questions. Generally, yes, unless there is something in your custody order to the contrary you must continue to follow it. Just because the court system is closed down does not mean the court order goes away. Furthermore, there is no order from the Virginia Governor, as of the time of writing this article, prohibiting you from traveling to exchange custody. It is unlikely that there will be such an order based upon how other states are responding. Finally, unless your court order says otherwise then you are unlikely to be operating under a summer schedule. Every custody order is different, but most orders adopt the school system’s definition of summer break.

Penalties For Ignoring Your Custody Order

The same penalties apply now as there would be if you were not following the custody order otherwise. The other parent can file a show cause and ask the court to find you in contempt for violating the court order. The court has a lot of power when hearing a show cause. The court can a) impose a heavy fine, b) impose some kind of jail punishment, c) give the other parent extra parenting time to make up for the delay and even, in limited circumstances d) consider a change in custody.

Additionally, violation of a custody order is still a crime in Virginia. You can be charged with a crime for intentionally violating an order. This can adversly impact background checks and have other consequences.

Talk To a Custody Lawyer

Now, more than ever, it is important to understand the specific wording of your custody order. Courts are likely to be inclined to punish severely parents they believe are actively taking advantage of this horrible situation. When in doubt, reach out to a lawyer to schedule a phone consultation and discuss your child’s specific needs and the terminology in the order.