I have heard all the news about courts not being able to enforce court decisions.
What about per diem penalties.
Under section 172 of the civil Enforcement act a court can order the defendant to pay a large penalty for everyday he/she refuses to perform.
There is a case ( I don't know the case number but I am going to follow up on it after this.) about a mother with court appointed legal custody over her four year old daughter and could not induce the husband to give her up. Instead of kidnapping the daughter she sued him. The court gave the man 3 weeks to give her up or pay the mother 30,000yenn for each day that he failed to comply.
With this if the defendant refuses to comply with the per diem order the judge can jail the defendant. He is also allowed to remove the child from the father with force.
There are numerous cases where judges use the per diem act to enforce their orders.
So with the per diem act available and being used why can't we (the fathers) ask the court to force the parent with custody to obey the visitation order, ordered by the court ,or face a per diem court order.
Why isn't that done?
Does anyone Know?
Any comments or ideas?
Jason |
