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Author Topic: More questions...  (Read 10974 times)

rhelle

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Re: More questions...
« Reply #30 on: Apr 26, 2011, 02:37:57 PM »
I am having difficulty finding Motion for Contempt templates online. Can anyone point me in the right direction?


MixedBag

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Re: More questions...
« Reply #31 on: Apr 26, 2011, 08:44:41 PM »
IMHO -- that doesn't exist.
 
Pull out the current order -- the top of the "Motion for Contempt" will be the same but the SUBJECT line will be "Petition for Contempt"
 
Then before you start any further, go to Soc's section and search on "3 elements of contempt".....
 
Then briefly but give enough detail describe what's been going on.
 
Problem, requested solution
 
and copy the closing part from the original order's motions.
 
Make sure its signed with a notorized signature.
 
and take two copies to the clerk....and keep a third for yourself.
 
 

Simplydad

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Re: More questions...
« Reply #32 on: Apr 27, 2011, 01:49:57 PM »

Simplydad, the OP stated 'She has filed the divorce decree in Utah. Our understanding is jurisdiction is held where the children live. We moved to AR. in December, equidistant to her place of residence from the original state. However, this apparently now removes jurisdiction from the divorce state to her resident state.'  To me, that means she has had the original order moved and filed with the state of Utah and all future actions regarding this order has to be addressed in that jurisdiction.  A parent can request to have an order relocated and, depending on the jurisdiction being considered, they may or may not grant it.  Apparently Utah has.........and it is certainly NOT a father-friendly state.

 
Thanks Kitty....I did not know that.

Kitty C.

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Re: More questions...
« Reply #33 on: Apr 27, 2011, 02:49:34 PM »
You're quite welcome........that's what we're here for...to help one another! 
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Davy

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Re: More questions...
« Reply #34 on: Apr 27, 2011, 05:56:00 PM »

Not an atty just BTDT and know zero about Utah however it is some national statutary law referred to as "Registry of Foreign (ie another state) degrees/orders" that REQUIRES the custody order to be filed in Utah.  There's probably sound reasoning behind this, as an example,  to give the new state a clue should the children need a responsible parent.  Usually this process is handled by the courts (not a parent) and is transparent to the partys.  I, as the left-behind parent in the Home state, became aware of this process when the court sheepily asked me for vital info. on the kids since they could not locate their named custodial parent (go figure).

Legally, the original Home state retains 'custody' jurisdiction as long as a party (parent) continues to reside in that state.  Otherwise Home state jurisdiction is tied directly to residency of the child(ren) and not a parent.

To compliment Kitty's post......


 

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