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Messages - needhelpinla

#1
Thanks for those suggestions!  The judge clearly needs to retire in my opinion.  The lawyer is really on his last leg.  Dad has paid him over $15k for nothing!  Wish we could find a lawyer like yours!
I will look into how Dad can file contempt charges himself and see how that goes.   Dad is not giving up on his boys!! That's for sure!
#2
This is first chance I had to do an update.

Well, we went to court and NOTHING happened.  Judge said, "can't do anything" since ex & lawyer weren't there.  But said "visitation is important".  It's like they don't want to be bothered with situations like this!  Dad'slawyer just accepted that and said "he would call ex's lawyer" and call Dad, which he never did.  That was last Wednesday!!! 

Ex did not bring kids again this past Friday.  That makes 5 times this year!  Dad has lost 240 hours total with his boys.  Dad went to her house with police and she said she was not letting kids go with Dad.  Just like that!  Police said there was nothing they could do.  Oldest boy just stood there and waved to his Dad.  It' just breaks my heart.

Don't know what to do!  I guess comtempt of court means NOTHING!  We are just at wits end and don't know where to go from here.
#3
My boy is in a messy situation to say the least.  He is such a loving father to the boys and was to the step daughter as well, it just breaks our hearts.  The boys want to be with him so badly but are not at the age to make that decision for themselves.

Hopefully the judge will do something to make the ex do right as well as Child Protection.  We are hoping for a transfer of custody.  I will certainly post what goes on tomorrow in court. 

Thanks for all the responses. 
#4
Thanks for your response. 
My son is going to court tomorrow on the comtempt charges he filed against ex however, this morning his lawyer called to say ex's lawyer isn't available tomorrow so more than likely ex won't be there either.  Son will be there to plead his case if nothing else.
Can the judge issue an arrest warrant for ex on the contempt charges?

Thanks
#5
I am a step grandmother trying to help step son.  He is the most caring father to 2 boys, ages 7 & 4. 

Both he and ex live in Louisiana now but divorce &  custody orders done in Mississippi where they used to live.  They divorced in 2008 after one year separation and he has been going through a nightmare with his ex who has history of prescription drug abuse & mental illness. 
They were granted joint legal custody with she as the domicillary parent however; she does not allow any phone calls from Dad to boys and brings the kids for their scheduled bi weekly visits when she feels like it.  As of today, Dad has not seen boys in over 1 month.  He has filied an appeal of the custody decision with the MS supreme court of appeals but it is pending at this time.

She has had her daughter from her first marriage accuse him of inappropriate behavior on one occasion and battery on another.  The inapp. behavior accusation was during custody hearing and was thrown out by court.  And battery charge claimed when the daughter was picking up the boys from a weekend visit with their Dad.  It went to court and he is on probation for one year.  He raised that daughter since she was 3 and she is now 17.  The daughter is affraid of her mother an always has been so she does whatever her Mom says to do.

Ex has also told the boys (they told us) that "Daddy is a bad person as is his entire family".  The judge separated the boys in 2007 giving custody of the oldest son to Dad and youngest to Mom (Which we couldn't believe judge split up the boys).
The 7 yr old lived with Daddy for the first year of their separation and knows Daddy & his family are not bad people, but the 4 yr old doesn't have memory of living with Daddy so he tends to believe what Mom says.

Most recently Child protection has become involved.  They supposedly did a home visit at Mom's this past Friday.  This morning CP contacted Dad to set up a home visit with him.  He has recently (2 months ago) moved in with his fiance' and her children due to selling the family home based on the courts property separation order.

There is a standing restraining order that they are not to contact/harrass each others family, friends or work place.  This past Friday, (which just so happened to be the same day as CP visit) she contacted his job and told them she saw Dad pass in front of her home in the company vehicle.  Dad's boss told her 'it's not him, I'm looking at him".  She swore it was and had called the police.  We assume she is now going to press stalking charges against him.  Dad's boss is writing a statement regarding this.  This was not the first time she has contacted his job.   This MAY cost him his job.

Sorry this is so long but what we need to know is: 

1) Can he file charges against her for violation of the restraining order and harrassment?
2) Can Dad's lawyer file for emergency transfer of custody until Court of Appeals makes their decision based on Parental Interference, denial of visitation and false allegations?

Any info provided is greatly appreciated!