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Author Topic: Contempt Hearing Prep  (Read 2612 times)

abell82

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Contempt Hearing Prep
« on: Jan 09, 2013, 11:37:00 AM »
We need some advice from those of you who have been through this before. My husband has a 9 1/2 year old daughter. We live in Cali (husband is in Navy), his ex lives in Florida. They were divorced in Mississippi. Over the summer his ex gave us a very hard time when we were in talks about getting his daughter. He is allowed 4 weeks over the summer. On a few texts she told him his daughter would not come back to see him. We were supposed to have her from the 26th of December through the 3rd of January. She flat out refused. We have a few texts from her telling us she would not fly her out. Her reason was because they were going out of town to see her boyfriend's mom. We even offered to fly her out near where the mom lives. She still refused. He now has a court date set for contempt of a court order. We are trying to be prepared for everything that might come his way. He is representing himself. Do you guys have any advise for him? For those who have gone through this, has the issue of whether the child even belongs with the custodial parent ever come up? We have plenty of issues we could bring to the table (including the child being around criminals, cps cases, mom having dui and driving on suspended license, child being left in car alone, I could go on and on.) We will be printing out his dfas allotment history to show him paying support on time every month. We have print screens of the text message conversations. Thanks in advance!!


MixedBag

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Re: Contempt Hearing Prep
« Reply #1 on: Jan 09, 2013, 12:54:41 PM »
ok, What exactly is in your motion to the court where you are asking that the mother be held in contempt?


SOME of that stuff -- is not really relevant in the short run, but is in the long run.


So....I gotta ask.


AND what's the wording of Dad's time in the order?


Search on "three elements of contempt" here at the site -- because that's gonna be the key to getting her found in contempt and getting  make up time and damages (like the cost of the plane ticket).  Dad can ASK for the cost of filing and travelling to appear in court -- and he only MIGHT get it, he might not....but ask for those damages too.




ocean

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Re: Contempt Hearing Prep
« Reply #2 on: Jan 09, 2013, 04:35:58 PM »
Does Mississippi still have the case?
Contempt hearings- The mother will have to say why she has not sent child as court ordered. You should be asking for make-up days for lost days to be made up on XX (exact dates and times...spring break?).
You evidence would be emails and texts of mom refusing.



 

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