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Has anyone had any luck with contempt

Started by Ref, Jun 01, 2005, 02:22:29 PM

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Ref

DH's Parenting agreement states that he should be included in decision making for all major decisions. It also states that BM is to contact him ASAP if SD is ill. It has been a year since this new agreement has been in effect. She has yet to contact him about anything except if she has a bills for him to pay. How do you prove that she never called and none of this was discussed?

Has anyone had to try to prove something like this?

Other more easily provable contempts are being brought on her. Is it woth mentioning to the court. I'm sure no real sactions will be made. Maybe a slap on the wrist. DH just wants a judge to hear what she is doing to SD and at least get another person to tell her what she is doing is wrong.

Thanks

MixedBag

I agree that it warrants mentioning during court hearings -- but probably doesn't warrant a hearing on it's own.

UNLESS the contempts have the third element that Soc says all contempts must have.  (Can't think of the word right -- but if you search in that forum, you should find the three elements a contempt finding should have -- malicious comes to mind, but I know that's not right, but it's along those lines).

DH has had success with contempts -- but not on the subjects you posted about.

Both of us have to work with EXs like that.....long distance on top of it.

Both are getting better -- but both have a long long way to go before they really get it right.

Ref

Thank you for your help on this and so many other issues. You have really helped us out. I am so sorry that you have had the experience that allows for you to give such good advice.

Best Wishes
Ref

Rightfully Dad

If you have had luck in the past, I am not sure what your question is now? I haven't bothered with contempt because it is just a slap on the wrist. My div. dec. states $100.00 fine. Why on earth would i pay my lawyer $100.+ dollars per/ hr. and have to prove the contempt occurred? If the state doesn't consider the punishment offensive, then why should I. Years of contemptious things have occurred, my task is to keep my eye on the ball, the kids.

RD

Ref

so we still dont know what evidence people have won with in regards to a contempt that involves someone NOT telling them of events in the child's life.

DH probably wouldn't bother filing for this, because of having only soft evidence. He has other more easily provable contempt issues, but they are about money, so not as important to him as being involved in SD's life.

About the legal fees, DH's agreement states that if one of the parents is found in contempt, they have to pay all costs. She will definatley be found in contempt for at least 2.

It would be great if he could keep an eye on the ball, but BM is keeping him from doing that, that is why the issue with contempt.

Thanks for the advice and good luck with your own battles.