Messages

Soc,

yes I mean registered for enforcement. CP has registered it and I have 20 days to contest it.

Atty in SC said we could file. But, therapist said CP would just file(something to contest it being heard in SC) in MD b/c neither of us live in SC any longer.

Atty says SC courts would be harder on CP b/c of past history with court system there, which is reason for wanting to file in SC. And also b/c therapist says things are different in MD i.e. would lose on contempt charge in MD.

1. Could CP contest if I filed contempt charge in SC or would SC have to hear it b/c it is the only placed the order is currently registered?

2. If contested, would MD court hear contempt accusations even though order just now being registered in that state?

3. If a contempt charge is filed in SC should I contest the order being registered in MD until the contempt matter in SC is resolved?

Thank You.

Soc,

Contempts were all in the last few months. Was getting ready to file in SC for contempt b/c was advised by atty that courts may be harder on CP in that state b/c of past history. Now the order is in the process of being enrolled in MD.

1. Can contempt still be filed in SC if order is in process of being enrolled in MD?

Thanks

Soc,

CP lives in MD, NCP lives in VA.
Final Order filed in SC 3 years ago.
CP's ultimate goal is to modify the order b/c the final order gives the NCP the authority to choose the visitation and the CP has "no veto" of that visitation. CP doesn't like that the court order controls her, but courts put "no veto" in the order b/c CP always blocked visitation. CP has taken child to a therapist and therapist has said NCP should give up certain weekends - always long holiday weekends b/c the child wants to be with the CP on those weekends and therefore it is in the childs best interest to be with CP on those weekends.
CP has blocked visitations on the basis that it is in the childs bests interest to be with CP during those visitations that the NCP has chosen. CP has hired an attorney and is in the process of having the order enrolled in MD and NCP has 20 days to contest it. Therapist says she recommends a parent coordinator b/c child is older now and interested in other things i.e. friends and etc. CP has written NCP and said CP wants a parent coordinator and NCP must consent to it in order to get one. As I understand a parent coordinator is new to MD courts and is like a GAl. We already had a GAL in SC when the last order was finalized 3 yrs ago. Child was 5 when the last order was finalized and is now 8.
1. Do I have to consent to the parent coordinator when we have already been through this?
2. Is the child getting older and being interested in other things considered a change in circumstance?
3. Can a contempt charge still be filed for the missed visitations? MD or SC?
2. Will a court appoint a parent coordinator upon the recomendation of a therapist even when there has been no change in circumstance?

Thank you Soc!

A child of five WOULD understand this!

Thanks for the info. It is much appreciated. I Will check it out.

One more question.

I asked therapist to speak with GAL who was appointed to our case in SC. (Appointed when child was ages 3-6) Child is now 8. Therapist says she cannot speak to GAL b/c GAL is not appointed to the case any longer. She could only speak to her if both mother and I sent a release letter allowing therapist to talk with GAL(which mother won't do).

Is this true therapist must have a release from both parents to speak to GAL?

Thanks a million.

Yes, "no veto power" was put into place because mother would continually deny visitations. Now she says she can't live with me only giving her 30 day notice and her having no veto power. So she is using a therapist to get around what the courts ordered. She schedules activities for the weekend I choose after I send notice taking that particular weekend, then asks me to choose another weekend.


We came to an agreement before we ever went before the judge. GAL was on my side, mother didn't want to go to court and argue case so she agreed to give me more and more visitaiton each time we went. So there are no contempt charges. And I thought you couldn't bring up those past instances where mother blocked visitation if they were dropped/dismissed.



Is this true?

I told the therapist I would file contempt charges against the mother if she blocked the visitaiton. She said if I took it to court the judge would probably rule in the mothers favor. And she(the therapist) felt it was in the best interest of the child for her to be with her mother that weekend. (the child went to the therapist and said she wanted to be with mother that weekend because of the plans the family had made). Guess she would testify in court for the mother that she thought it was in the child's best interest to be with the mother that weekend.

The "veto power" is in the Final court order. The GAL also attached a "Parent's Bill of Right's to that final order(at the same time the Final Order was done). The Final order reads...

The parties agree to be bound by the attached Bill of Rights.

It is in this Parent's Bill of rights that states as follows

Both parents agree they will be integrally connected in all decisions and aspects regarding the child, including, but not limited to, their medical, dental, religious, educational, and recreational activities, however, resonableness requires that should there be any disagreement between the two parents regarding the child's best interest in any particular field, after resonable opportunity for consultation with the father, the mother shall make the ultimate decisions regarding the child's best interest in these areas.



 Which one overrules the other?

Case began in SC where divorce decree and custody order were implemented. Joint Custody with primary physical custody being with the mother. Mother moved child to Maryland. I moved to Virginia to be closer to daughter. Jusrisdiction was in South Carolina.

Have filed 4 motions against mother for contempt of court for blocking visitation. On all occasions we came to an agreement which entitled me to more time with child and court order became more stringent.

Now mother trying to get my vistation reduced by taking daughter to a therapist. Mother hopes therapist will testify in court and judge will modify custody order and reduce my visitaiton.

Issue with visitaion now is this...I sent certified letter notifying mother I intended to visit with the child a weekend in January. Motther says they have plans and child can't come. Court order reads...

Once Plaintiff gives thirty (30) days notice regarding any weekend or summer visitation, Defendant shall be required to ensure that the child is available for the requested visitation, and Defendant shall not have veto power over the Plaintiff's selections absent exigent circumstances.

Before I was able to file contempt charges against mother for doing this. (in South Carolina) But, now therapist says Maryland courts would not agree and that would be squashed in court because it is not in the childs best interest to come to my house that weekend because mother has  plans and the child knows about them and really wants to be there. She says this because court order also has attached to it the Parent's Bill of Right's which states...

Both parents agree that they will be integrally connected in all decision and aspects regarding the child including, but not limited to, their medical, dental, religious, educational, and recreational activities, however, reasonableness requires that should there be any disagreement between the two parties regarding the child's best interest in any particular field, after reasonable opportunity for consultation with the father, the mother shall make the ultimate decisions regarding the child's best interest in these areas.

And from that the therapist and mother state that is is in the child's best interest that she not come visit me because they have plans at the mothers house that the child really wants to attend.

1.  Is therapist true in saying Maryland courts will not see this as a contempt charge?

Hope I wrote this post correctly...thanks!!!