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RE: Teenage Boys - Out of State - Visitation

Started by SFMedic, Oct 08, 2005, 01:35:43 PM

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SFMedic

Dear Soc,

Two days ago, I received a court notice, informing me that my
Contempt of Court order against the Mother, based on denial of
visitation has been approved.  It's also been merged / consolidated
with my Modify/Enforce visitation motion.

Question:  With the two motions consolidated for the same date and time, does this make for more of a burden on my part with having to prove the denial of visitation or will this just make things in court more streamlined?

Question:  Going back to what you mention about my remaining Pro Se and Mother appearing with legal counsel.  Would that still apply, more to my advantage to remain Pro Se, with the hope that matters could be settled out of court due to the Mother not wanting to make another trip from WV to Annapolis, MD?

Again, just trying to guage what the best approach / position to take, I personally would have no problem being in the court room, considering it will just be a conference with the judge.

Thanks....

socrateaser

>Dear Soc,
>
>Two days ago, I received a court notice, informing me that my
>Contempt of Court order against the Mother, based on denial
>of
>visitation has been approved.  It's also been merged /
>consolidated
>with my Modify/Enforce visitation motion.

You need to get the terminology correct, because when you say that your Contempt of court order has been approved, that means that your motion has been heard and you've won.

Clearly this hasn't happened yet, so your wording is confusing.

An order is what the judge signs when he's decided the motiion before the court. A motion is what you file to ask the judge for an order. A hearing is what you attend to help the judge understand the issues in your motion. You can also orally offer a different motion at a hearing.

>1:  With the two motions consolidated for the same date
>and time, does this make for more of a burden on my part with
>having to prove the denial of visitation or will this just
>make things in court more streamlined?

Judge thinks your motions are the same issue. Argument and proof are same -- only burden is higher for contempt.

>2:  Going back to what you mention about my remaining
>Pro Se and Mother appearing with legal counsel.  Would that
>still apply, more to my advantage to remain Pro Se, with the
>hope that matters could be settled out of court due to the
>Mother not wanting to make another trip from WV to Annapolis,
>MD?

I don't know. Mom will either hire lawyer or she won't. You'll find out soon enuf, so no reason to speculate.

PS: Number your questions in the future or I won't respond. Also, please start a new thread if another question. This one's too long.