SPARC Forums

I know I have seen this question before but regret never having read the answer to it!
When filing on contempt issues, and there are scads of them:
1) Do you file one 'biggie' for all?
2) Lump them into like issues (for ex: 20 lates as one contempt)?
3) Does each and every get a seperate charge?
Thanks for your time

>When filing on contempt issues, and there are scads of them:
>1) Do you file one 'biggie' for all?

File a motion for contempt and then list each count (violation).

>2) Lump them into like issues (for ex: 20 lates as one
>contempt)?

Depends on the contempt. You have the burden of proving that (1) a valid enforceable court order exists, (2) the contemnor knows of the order, and (3) that person willfully violated the order.

Prove the elements and you win. Fail and you lose.

If transferring the child at a certain time and place is ordered, and the other party fails to do so, and you can prove one violation, then they are in contempt (however, they may not get much of a sanction for one missed transfer). If you prove multiple failures, then the court can order a sanction for each individually, or lump them together and order a bigger sanction for all of them.

If there is a general order to cooperate in the child's best interests, then multiple late appearances may serve to prove contempt of this order, in addition to proving the specific failure to transfer the child at a certain time and place.

>3) Does each and every get a seperate charge?

See above.