Hi, I've posted before on the same subject but this is a new development, so under a separate heading. I already typed this and hit post, but it didn't go thru, so if for any reason a simlar post appears later, my apologies in advance!
The current situation is that I have joint physical and legal custody but my child's mother has residential custody. The current CO was created specifically to deal with previous problems. It is set up so if the mother abides by the rules in the CO, the parental exchanges, etc, will go more smoothly and be less problematic for my child. It's a CO that was painstaking and involved a lot of thought and effort and aimed specifically towards the wellbeing of my child.
The mother has largely disregarded the major points set out in the CO. Always late, very hostile. I could go on....
I have masses of emails and other proof of flagrant disregard for the CO and it's taken me a while to gather it all together and categorize it. There are so many points that have been breached. I intended filing a complaint to the court for contempt.
Before I could do it, the mother has filed a motion. And this is to get things court ordered in reverse of what the current CO says. Basically, the mother is asking for the total reverse of what's in the CO. So, transportation would be the total opposite of what's in the CO now. And it's what the mother has been doing anyway, with her blatant and continual disregard of the CO.
The mother has also prevented me from seeing my child many, many times. If I respond only to the current Motion lodged by the mother, I am not sure I will get the opportunity to bring this up. Preventing me from seeing my child is even more serious than the disregard of the conditions of drop off, etc. But the current Motion doesn't touch on this subject, naturally, so I may be unable to address it.
I wondered if anyone knows whether it's legally OK to lodge a motion for contempt. And a separate motion to address the issues in the motion started by my child's mother. If it is possible to do this, I could address the frequent lateness, the denial of parental time, the failure to respond to CO email comms regarding visitation, etc, etc in a motion for contempt.
If I can only respond to the points in the current Motion, I fear the mother will get away with all of her contempt for the current CO, and possibly even get her proposals put into a new CO.
It would be a crying shame if she was allowed to disregard the current CO, consistently since implementation, and then approach the courts and be granted a new CO, granting her requests, because it would in effect be condoning all she has been doing.
I realize judges don't take the time to read through lots of stuff. I may have to represent myself, so would sure appreciate advice or suggestions from anyone else that has been in a similar situation.
Thanks
The current situation is that I have joint physical and legal custody but my child's mother has residential custody. The current CO was created specifically to deal with previous problems. It is set up so if the mother abides by the rules in the CO, the parental exchanges, etc, will go more smoothly and be less problematic for my child. It's a CO that was painstaking and involved a lot of thought and effort and aimed specifically towards the wellbeing of my child.
The mother has largely disregarded the major points set out in the CO. Always late, very hostile. I could go on....
I have masses of emails and other proof of flagrant disregard for the CO and it's taken me a while to gather it all together and categorize it. There are so many points that have been breached. I intended filing a complaint to the court for contempt.
Before I could do it, the mother has filed a motion. And this is to get things court ordered in reverse of what the current CO says. Basically, the mother is asking for the total reverse of what's in the CO. So, transportation would be the total opposite of what's in the CO now. And it's what the mother has been doing anyway, with her blatant and continual disregard of the CO.
The mother has also prevented me from seeing my child many, many times. If I respond only to the current Motion lodged by the mother, I am not sure I will get the opportunity to bring this up. Preventing me from seeing my child is even more serious than the disregard of the conditions of drop off, etc. But the current Motion doesn't touch on this subject, naturally, so I may be unable to address it.
I wondered if anyone knows whether it's legally OK to lodge a motion for contempt. And a separate motion to address the issues in the motion started by my child's mother. If it is possible to do this, I could address the frequent lateness, the denial of parental time, the failure to respond to CO email comms regarding visitation, etc, etc in a motion for contempt.
If I can only respond to the points in the current Motion, I fear the mother will get away with all of her contempt for the current CO, and possibly even get her proposals put into a new CO.
It would be a crying shame if she was allowed to disregard the current CO, consistently since implementation, and then approach the courts and be granted a new CO, granting her requests, because it would in effect be condoning all she has been doing.
I realize judges don't take the time to read through lots of stuff. I may have to represent myself, so would sure appreciate advice or suggestions from anyone else that has been in a similar situation.
Thanks