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What would you recommend?

Started by Ref, Jul 05, 2005, 06:18:44 AM

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Ref

BM refused to communicate with DH and she lives 1400 miles away, so she is the primary sorce of information, unless DH asks SD. SD is 14 and able to tell him about events and that type of thing, but he hates to put her in the middle.

Dh has a returned and unopened certified letter, a returned and unopened FedEx and a message on our machine by BM saying that she doesn't have to communicate with him at all.

1. What do you recommend that DH ask the court order? He will have to file contempt.

2. BM does not work a nd has not worked steadlily in over a decade. What are the chances that the court will order her to pay for legal and court fees related to the contempt? DH makes pretty good money now. Their order states that if a parent is found in contempt they MAY have to pay court costs and legal fees.



Thanks
Ref

socrateaser

>BM refused to communicate with DH and she lives 1400 miles
>away, so she is the primary sorce of information, unless DH
>asks SD. SD is 14 and able to tell him about events and that
>type of thing, but he hates to put her in the middle.
>
>Dh has a returned and unopened certified letter, a returned
>and unopened FedEx and a message on our machine by BM saying
>that she doesn't have to communicate with him at all.
>
>1. What do you recommend that DH ask the court order? He will
>have to file contempt.

Money as a sanction made payable to you, to encourage the other parent to cooperate in the future. You probably won't get this, though, because the judge may fear that it may harm the child. You could ask that the mother perform a couple of hundred hours of community service. You could also ask that she be jailed for a few days to encourage her future cooperation. You can also ask the court to modify the custody orders to give you more time with the child.

Or, you can simply leave the punishment up to the discretion of the court.

>
>2. BM does not work a nd has not worked steadlily in over a
>decade. What are the chances that the court will order her to
>pay for legal and court fees related to the contempt? DH makes
>pretty good money now. Their order states that if a parent is
>found in contempt they MAY have to pay court costs and legal
>fees.

Attorney fees for contempt are usually awarded against the contemnor, but it's really almost entirely up to the judge.