Sounds like you've needed to get your ex back in front of the judge for some time. I'd say now's as good a time as any.
In times past, I've used the Answer and Counterclaim (one document) with great success. Basically, it's one document that does two things. 1) Answer: You deny everything your ex says in her claim. 2) Treat your Counterclaim as a affidavit, stating your charges for contempt. Then based upon your Counterclaim, file your Motion for Contempt. Additionally, based on your ex's history of behavior, you should also Motion the Court for "Remedy Clauses" in your next order.
Tom
Thanks Tom,
I filed the counter motion and contempt motion before reading this so was unaware of the Answer and Counterclaim. What I've done with the counter motion is list the points raised in the BMs motion and asked that the points are not changed and remain the same as in the current order and I have given logical reasons, but intend to argue the reasons at the hearing if needs be and show evidence of contempt on some of those points. I've also made some additional requests, some are important and some of them I am not too bothered about - so if they are turned down it's OK. I figured I can't win on every single point, and wanted a few in there that I would not mind having turned down. There are some issues that I just have to win on, for the sake of my daughter.
Unfortunately, the court scheduled the contempt hearing after the hearing for the BMs requests (and my counter motion). I am hoping the fact I've requested mediation on the first hearing/motion will help, but am not quite sure how this will work. I was wondering whether to ask at mediation that contempt issues be included in medation, but am not sure if this is the way to go, or whether I should just deal with the first hearing issues in mediation and let the contempt issues stay as they are and be addressed fully in court?
Bearing in mind there are now two hearings, one for the BMs motion and my counterclaim and one for a contempt hearing, should I file a motion for Remedy Clauses before both hearings? Should this be attached to the contempt issues? I have spent so much in the past on lawyers fees that this time around, I have to represent myself, and am not familiar with all the ways of the courts, the papers, etc.
One other issue is...I have damning evidence agains the
BM on tape. It would help with my arguments on why pick ups and drops offs should remain the same. I am not sure what process to use to ensure the judge hears the tape. I am wondering if I should present the tape/CD to the court but with a typed transcript also?