Any advice greatly appreciated

[futurestep-mom_AZ]

What is the name of your state?AZ


Petition for Contempt of Court

As stated in the Order dated 10-22-04 "Respondent shall have no unsupervised visitation with NAME OF CHILD. Parties agree to NAME OF MATERNAL GRANDMOTHER, mother of Respondent to supervise visitation."

Respondent acted in direct conflict with this Order on Friday, November 26, 2004 at approximately 3:30 PM. Respondent kicked the supervisors out of her home,(please see attached affidavits) **** 2 affaidavits signed by child uncle and his girlfriend that they were ordered to leave the house and when they tried to take the child with them mom became hysterical and they feared the child witnessing this and being traumatized. ***** supervisors were NAME OF MATERNAL UNCLE AND HIS GF, as agreed to by the parties in NAME OF MATERNAL GRANDMOTHERS absence. Respondent would not allow the supervisors to take the minor child with them nor contact the other supervisor. Respondent then took the child from the home and was "missing" for not less than 3 hours. Supervisor, NAME OF MATERNAL GRANDMOTHER, contacted Officer (NAME) and Petitioner at 6:30 PM when Respondent returned to her own home. Petitioner also spoke with the officer and informed the officer of the current order granting Petitioner Joint Legal with Respondent and Petitioner having primary physical custody. Also that Respondent was not to be unsupervised with the minor child. The officer attempted to persuade Respondent to turn the child over to no avail. (Please see attached police report.) ***officer report stating that mom was screaming and yelling cursing and hysterical and that she was asked four times to step outside b/c all this was being done in front of the child also that mom refused to release the child or allow anyone in.***

At around 7:30PM Petitioner was able to persuade Respondent into allowing NAME OF UNCLES GF to return to Respondents home and supervise. NAME OF SUPERVISOR arrived at the Respondents' residence around 8:15PM and Respondent was passed out on the couch with the child left unattended with another child of the same age. SUPERVISOR smelled something burning and found the oven left on and the contents of the oven burned beyond recognition. (Please see attached affidavit). ***Affidavit stating the same as above****

Respondent has failed to follow through with the Court Ordered drug testing only showing up twice over the last 5 weeks, where she was told to test once a week by the pretrial services officer. Respondent of the two tests, tested positive on 10-29-04 and negative on 11-19-04.

Respondent has only been able to exercise two of three scheduled visitation due to her inability to get along with the supervisors.

Petitioner prays for relief from this Court
1. Suspend visitation schedule until this petition can be heard
2. Expedite this petition for a hearing
3. Order Respondent to Rehabilitation
4. Order supervised visitation with a Court Appointed Special Advocate or another member of social services until Respondent can prove herself capable of performing the dutuies set forth in the current order

What do you think?

Obviously it will be on the supplied form but since the Court is in another county and not online my fiance is waiting for the form to come in the mail.

Any advice greatly appreciated.

[Lawmoe]

Different states have different rules.

Inmost states, the Motion should state only the paragraph of the order that was violated and the dates that the violations occurred. the Motion is then supported by a separte sworn affidavit that allows you to in a narrative fashion explain each incident.  You have combined those two elements in your Motion.

As a pro se pleading, it likely adequate.

[futurestep-mom_AZ]

Thanks

It turns out the supervisor actually filed to be removed and informed the Court that she and/or her son will no longer supervise. So although assuming is a bad idea given the circumstances my fiance cannot comply (even if he wanted to) so mom will have to take it to Court or request a new supervisor be appointed. Whether or not the current supervisor will or will not get in trouble is a whole other can of worms though.