wellllllllllllll we are back in court
I wen't to europe with our son this Xmas to see my family and our son meet 1/2 his family he is 3.
we had talked about it with ex, she knew about it, ordered Us passport with me, ...
Bottom line is 2 days after being back from europe she went to court and pretend to a judge that she never knew, ....
by the time this was over, my attorney and I learned the deed.
We now are filing an ex parte to vacate the order he signed based on her lies, ....
Bottom line is that the divorce decree doesn't say I need her approval anyway. She didn't bring the divorce order to that judge but lied to him that there was a provision that I couldn't go to europe without her approval which is totaly a lie, ...
Anyway, we'll see if the judge vacate
The judge did vacate part of the court order denying me visitations and I can see my kid again.
We have a court date for the "order to show cause"
Anyone with experience on these earings for order to show cause ?
I am wondering if she has to prove I am in contempt or if I have to prove I am not, ...
Who has the burden?
Congrats on being able to see your child again!
As for the show cause hearing, I am not an attorney but my understanding is that it is the party that files the motion for the contempt that has the burden of proof.
DH here has filed contempt on BM and we have all kinds of proof. (phone calls messages letters reciepts ect ect) Now after we present our evidence then BM has to prove to the judge why he should not sanction her for the contempt if we provide enough solid evidence that she is in contempt.
What was the order to show cause all about in your case? I would compile evidence to show that you were not in contempt and go from there. When is the hearing?
hearing is beginning of february.
Basicaly divorce decree doesn't state any restriction to take our kid out of the country or state.
I agreed with her that we could go to europe (kid andI) over the hollidays.
I backed myself up by giving her letters to confirm and also made sure this was my parenting time (we have a stipulation in the divorce that I can tell her 30 days in advance and I have vacations that override the normal schedule).
2 days after we came back she filed that order to try to hold me in contempt, ....
Bottom line is I have tons of evidence to prove that she knew and also that even if she says that she never agreed to it that the court order doesn't state she has to agree, ....
Bottom line is she is saying I will abduct my kid back to europe and all of that 2 days after we returned to the US (she is nuts :))
I would like to ask you in regards to the letters.........did you send them to her certified with return reciept? If so that is good, if not from now on I would! It has helped us ALOT!
Our final trial is Feb 9th and 10th to determine primary custody of SS. At the same time the judge will be hearing many contempts as well. Bm has denied many weekends, holidays and just cant seem to follow the co.
I would take copies of the letters to back you up and a copy of divorce papers that dont say she has to aprove anyways and I would guess a judge isnt going to be happy with her tactics!
Good luck to you!
No unfortunately I didn't do certified but I learned my lesson for now on.
yes for the rest, that's the plan.
He already isn't too happy, she first went and asked for an order saying I couldn't see my kid until the hearing, ...
her lawyer forgot to contact mine, .... nor me, ...
once my lawyer called back the judge after the fact, he wasn't too happy and overturned the visitation and restored normal schedule, ...
who do you have for judge/referee ?
We are going in front of a judge.
We have a ton of evidence to prove her in contempt and hopefully enough to prove our home is the "better" home for SS to live in. SS missed 37 days of school last year and so far 8 already this year, SS's grandma was arrested for drugs, BM's living BF has had his parental rights terminated by a DHS removal, ect.ect. There is a ton more that we are going on we just pray that it is enough.
We are in the process of answering Irrog's now. BM's attorney sent us Irrog's and there is 8 of them and out of the 8 three are not related to financial information. Nothing was asked about the "custody" situation except "why do you think the child should be in your prymary physical care?" We found it all that this has began a fight about $$$ on BM's part.
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I live in the USA (Minnesota) but I am originaly from europe (france)
I am in Iowa, Polk County
No County...not country. lol Maybe I can help if we are in the same county. I am in Dakota.
I am in Hennepin county minneapolis :P
Ok so we had court today with referee Redin which I thought was "fair and expected"
she had read the case and knew what was talked about.
Bottom line is she did cut the crap on the crap and set aanother hearing for the contempt issue (2H and not more) I bet she has her mind set already but I can't figure what way.
So here we go, another day in court, another matter not resolved, ... until next time