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Author Topic: contempt questions  (Read 2573 times)

wallyworld85

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contempt questions
« on: Jan 25, 2004, 09:59:02 AM »

I have an IL divorce decree that states that I get my child every other weekend and every thursday night. It also states that I get the following holidays in 2003 (Odd numbered year): Lincoln's b day, easter sunday, independence day, memorial day. Also xmas from 9 am- 10 pm, father's day.

Even numbered years (2004)

New years day

Two continuous weeks in the summer
The order also states that I should have current number and address at all times.

My daughter NEVER lived in IL. The "default" visitation was awarded even though it was obviously impossible to follow (I live in IL she lives in FL).

Then in 2002 my ex gave my daughter to me. I got a lawyer cuz of abuse allegations and because my lawyer goofed and daughter had only resided in IL for 5 not 6 months, my ex got my daughter back. She has now forbid all visiation. She also changed her home phone and NEVER answers her cell (I do not even know if it is HER phone as the voice mail is a computer voice not hers ). She has called from it a couple of times. BUT she never answers it when I call it. It is also a pensacola number AND she resides in Tallahassee. (phone bill records)

My lawyer and I just put in for contept because since my ex got her back (over a year and a half ago) she has malicously denied visation. We are putting in for contempt for The 2003 holidays, 2004 new years day, summer, and not having a current phone number to reach my daughter.

1. Because the court order ALSO states every other weekend and knowing that, that cannot be followed will/could the judge dismiss my motion for contempt based on the fact that the "standard" visitation schedule cannot be followed?

2. My EX put in for a motion to modify visitaiton because of needing a long distance schedule (basically in order of FL to take jursidiction of the IL action (my for custody in IL) FL had to have SOME action pending. Now my ex is prolonging it. She "pretended" to have an agreement, but then wouldn't sign her OWN agreement. Could the judge hold her in contempt for prolonging the court action in order to frustrate visitation.

3/ do we have suffient evidence to hold her in contempt for the telephone contact (phone records showing I call EVERY two to three days with NO answer (1 min calls on phone bill) I have spoken two my daughter twice in the last 3 months.

4. What USUALLY happens if she is found in contempt (This will be her first contempt charge)

5. She has stated NUMEROUS times that until the child support is modified upward that I will NOT get to see my daughter. (UNTIL IT IS ALL DONE (VISITATION AND CS).

Can this be brought up in court?

She said it in front of many people at the mediators office. HOWEVER, it was after mediation was held. She brought my daughter to mediation and because I wouldn't agree to an outrageous amount (3x what I pay now). She let me hug my daughter BUT wouldn't let me see her for more than 5 min. She said you wouldn't agree to cs so we have to go now

This was after I drove 1500 miles to FL from IL. I have been to FL 2 times during all this and have NEVER been able to take my daughter. One time I didn't even get to see her!


patton

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RE: contempt questions
« Reply #1 on: Jan 26, 2004, 09:50:43 AM »
My lawyer and I just put in for contept because since my ex got her back (over a year and a half ago) she has malicously denied visation. We are putting in for contempt for The 2003 holidays, 2004 new years day, summer, and not having a current phone number to reach my daughter.

Answer:  CONTEMPT for Holidays and summer visitation should hold up in court.  Also depending on what your court order says about current phones numbers would also

1. Because the court order ALSO states every other weekend and knowing that, that cannot be followed will/could the judge dismiss my motion for contempt based on the fact that the "standard" visitation schedule cannot be followed?

Answer:  Since the court order has not been revised, how was the pick up and delivery of the child back to their residence worded.  IF you are the person picking up the child then it is NOT contempt, since it is your responsibility to pick up the child wherever they might be.

2. My EX put in for a motion to modify visitaiton because of needing a long distance schedule (basically in order of FL to take jursidiction of the IL action (my for custody in IL) FL had to have SOME action pending. Now my ex is prolonging it. She "pretended" to have an agreement, but then wouldn't sign her OWN agreement. Could the judge hold her in contempt for prolonging the court action in order to frustrate visitation.

Anwer: No

3/ do we have suffient evidence to hold her in contempt for the telephone contact (phone records showing I call EVERY two to three days with NO answer (1 min calls on phone bill) I have spoken two my daughter twice in the last 3 months.

Answer:  Does your court order actually state you get telephone time?  If so YES, if not NO.

4. What USUALLY happens if she is found in contempt (This will be her first contempt charge)

Answer:  Depends on the Judge, probably not a lot.  My first contempt the Judge slapped BM with probation for 5 years (not jail time), extra visitation for makeup time for me, and had her pay my attorney fees.

5. She has stated NUMEROUS times that until the child support is modified upward that I will NOT get to see my daughter. (UNTIL IT IS ALL DONE (VISITATION AND CS).

Answer:  Do you have proof of this?  Taped and written.  He said, she said will not hold up in court.

Can this be brought up in court?

She said it in front of many people at the mediators office. HOWEVER, it was after mediation was held. She brought my daughter to mediation and because I wouldn't agree to an outrageous amount (3x what I pay now). She let me hug my daughter BUT wouldn't let me see her for more than 5 min. She said you wouldn't agree to cs so we have to go now.

Answer:  What would be the purpose?  Was it your scheduled visitation at that time?  Do you have proof she previously agreed to let you see the child at that time and then refused?

This was after I drove 1500 miles to FL from IL. I have been to FL 2 times during all this and have NEVER been able to take my daughter. One time I didn't even get to see her!


Answer: If you have tried to exercise any scheduled visitation per your court order and she has refused, YES she is in contempt on those issues.


gipsy

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RE: contempt questions
« Reply #2 on: Jan 27, 2004, 12:01:50 AM »
it appears Your atty is doing right , He filed contempt for the part that You could exorcise , But He should be the filing for a modification all at once so You don't have to return to court . I would ask about modifying the custody decree , I know this all seems like a hard thing and it is , Just from My case I always like to advise , Don't do anything to her or say any thing to her This is a legal issue now . If You atty is filing and has a court date ask him why not modify at the same time to save you from coming to court again , And tell Him[ not] to agree to changing the juridiction . Tell him you insist that he try to maintain jurisdiction In your state ,My sons mother does all the same , Just Get An atty that sets the dates and shows up and asks for what You want , , From My expierience There isn;t even much to say At court , Just that she moved and is in contempt for not complying with the change of address info And not giving the visits , the Judge won't be likely to care about the telephone , But he should care that she won't give you visits , SOOOO , Go for the contempt that your atty has filed , Too me its a sign of a decent atty if he is going for a contempt , And not charging you an arm and a leg , Also in wash state and many others they appoint a Guardian ad litem to report to the judge , Ask Your atty about this

 

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