ex parte hearing

[WhatToDo]

I am meeting with my lawyer tomorrow to schedule a contempt case against my ex. My ex is not allowing any of my court ordered visitation. I haven't had visitation since April. I saw my daughter once in November when I saw her at the mall. My daughter ran right to me and didn't let go of me the whole time my ex and I talked which was about 45 minutes.

I went to pick up my daughter last week but my ex once again stopped me. My daughter was inside asking to come out and see me. So it's obvious that she knows me and wants to see me. (she's almost 7 years old)

There was a contempt hearing scheduled in November that my ex never showed up to because she was not properly served (my ex lawyers fault). Now that I've moved within 10 miles from my daughter, I have a new lawyer and we're going to set up a new contempt hearing. (i use to live over 300 miles away from her) It will be a couple weeks, at least, before we can get a court date. I don't want this to drag on any longer than need be.

1. Would it be a good idea to ask for a ex parte hearing? Or would it not make a difference since it has been 9 months since I've had visitation?

2. Until the hearing, is there any steps I should be taking or do I just wait for the court date?

[socrateaser]

be.
>
>1. Would it be a good idea to ask for a ex parte hearing? Or
>would it not make a difference since it has been 9 months
>since I've had visitation?

Ex parte hearings mean only the complaining party appears. Contempt is a quasi-criminal action, so the defendant is constitutionally entitled to confront her accuser. Thus, no ex-parte contempt hearing is ever permitted.

>2. Until the hearing, is there any steps I should be taking or
>do I just wait for the court date?

I don't know enough about your case facts to comment.

[WhatToDo]

Ex parte hearings mean only the complaining party appears. Contempt is a quasi-criminal action, so the defendant is constitutionally entitled to confront her accuser. Thus, no ex-parte contempt hearing is ever permitted.

1. So getting an ex parte hearing to enforce visitation BEFORE the contempt hearing can't be done?

[socrateaser]

>Ex parte hearings mean only the complaining party appears.
>Contempt is a quasi-criminal action, so the defendant is
>constitutionally entitled to confront her accuser. Thus, no
>ex-parte contempt hearing is ever permitted.
>
>1. So getting an ex parte hearing to enforce visitation BEFORE
>the contempt hearing can't be done?

The process you are now describing varies in each jurisdiction. In CA, for example, you would file an OSC (order to show cause) for contempt, and the court clerk would issue you an order which would compel the other party to appear at a contempt hearing, or alternatively, to appear at an ordinary show cause hearing, where the other party would be required to show cause as to why your special relief (such as immediate make-up time) shouldn't be granted.

In an ordinary show cause enforcement hearing, the other party can only be ordered to do something at the threat of a future contempt hearing. At a contempt hearing, if the party is found guilty, then the court will punish them immediately.

The trade off is that at a contempt hearing, the defendant is entitled to the full palette of criminal constitutional rights (except for a jury trial), which means that you must prove your case beyond all reasonable doubt (>95%), and the defendant cannot be compelled to testify.

In an ordinary enforcement hearing, you only need to prove your case by a preponderance of evidence (>50%), and the other party can be compelled to testify.

[notnew]

In my state, you do serve the opposing party for an ex-parte hearing to be held the next day. At that time, a judge considers if the issue at hand needs immediate action prior to any other actual court dates that are scheduled.

I understand that this procedure varies from state to state. I guess it would be best to either consult an attorney or call the court that has jurisdiction.

Being that the visitation has been denied since April, it seems there should be some avenue for a more immediate hearing I would think.

[Giggles]

I did an ex-parte in Montgomery Co, MD.  They held the hearing THAT DAY w/o the other party being served.  I then had to serve the other party with the outcome of that hearing.  
Of course the circumstances could also warrent the service.  Mine was for parental abduction. My X took our 10 month old son without my knowledge and tried to move him to MI.  I came home from my Mother's b-day party and our entire apartment was wiped out, everything was gone including my son.  I filed the ex-parte for emergency temp custody, that was granted.  I faxed the order to the authorities in MI and they served him.  He was told to have son back in MD within 48 hours or a warrent would be issued.  He was stuuupid...hehehe  He didn't bring son back, the warrent was issued, I finally got Son and was awarded permanent custody.  
The best thing is that Son has a great relationship with his father and sees him every summer.  I wish his father would take him more (Spring break, christmas break...sigh) but since he was ordered to pay 100% of the transportation, he only takes him 1x per year :-(

[notnew]

I did not realize that since I've had the great pleasure of ONLY dealing with Anne Arundel County. Makes things so much easier when every court gets to decide what their rules are!

I just thought that with the denial of visitation for so long and the other actions that have frustrated the father's contact with the child, that some kind of expedited process should be available to ensure at least a temporary mandate to the mother to adhere to the court order while the cogs are in motion for the final hearings.

Glad things worked for you.

[WhatToDo]

Thank you all! That answers some questions. I have alot to discuss with my atty and want to make sure I'm well prepared when I talk to her! I just hope this all works out! Thanks again...