Contempt of Court Hearing/Request for modification

[BellaDi]

I currently have filed contempt of court order against my ex husband, and we go to court this week! I am as prepared as I can be, and have done as much research as possible on the internet as what is needed to be prepared for this trial! What I am needing is any advice from anyone that has actually filed for contempt of court, and a modification order, that has done it pro se them selves?!? Do I need to have character witnesses, and affidavits..Of is this is a simple hearing where he has to show why he shouldn't be in contempt of court!? I am just needing to know what to expect. Any help would be greatly appreciated. THank you!

[gipsy]

Your statement is very broad .

[BellaDi]

When you state that my statement is very broad do you mean in regards to my specific case, or the question that I am asking?!?

If you mean in regards to my specific case...My daughter is seven years old, almost eight and has been living with her father, and stepmother for the last three years. I have liberal and reasonable visitation, but my ex's new wife has interfered at every step. She will not allow me to speak with my ex in regards to our daughter, nor will she allow me to see my daughter at all..I am not allowed to even talk to her on the phone. They agree to visitation, but at the last minute they cancel for some assanine reason. I have done nothing that would prevent me from seeing her, it is just the new wife not wanting me in there lives. I have already filed the contempt papers, as well as the request for modification and are going to court this week. My question is simply that when we go into court will I be able to present character witnesses, that can attest to how I am with my daughter, and serve as witnesses for me...or will it simply be me advising the judge how and why my ex should be in contempt, and my ex getting a chance to prove why he shouldn't be?!? Just trying to get an understanding of what to expect. Sorry if my first one was too broad or too vague

[Ref]

You have the same issue my DH had. His original papers stated that he was to have liberal visitaiton. This was so vague, he was advised that he would not get a contempt for he denials because you need 3 elements to win a contempt case.

1. Valid and enforceable court order exists.
2. Defendant knows or should reasonably know of the existence/terms and conditions of the order.
3. Defendant willfully and with conscious disregard, disobeys the court order.

You have for #1 the fact that your papers say that you have reasonable visitaiton. #2 the fact that your ex has the papers should be good enough. #3 is the one that will be hard. Who says what liberal and reasonable mean? He could and probably will laim ignorance.

As far as the modification goes, I would see if your county or state has a standard parenting agreement with listed dates and times of visitation. If not, go onto the articles section of this board and draft-up a detailed parenting agreement. You can post your draft here for advice. This will get you ahead therewise the judge will ask what you want and you will not have a proposal.

As far as witnesses, what do you think your ex will claim? If you have no history of violence and no history of drug use or mental illness, you should definately not need a witness. Judges don't have time for anything like that for the most part. They just want the facts. period. It may be nice to have moral support though.

Also read Pro Se articles on this board. I think there is one called somethink like " how to mess up your Pro Se case".

Good Luck
Ref

[BellaDi]

He is going to try and claim that I have made no attempt to contact my daughter. Luckily though I was smart enough to make copies of letters, and keep evidence to the contrary..As well as my cell phone records. I definately do not have any history of drug use/abuse, child abuse, promiscuity or anything along those lines. This is simply a case of the new wife not wanting me around, and my ex not stopping her! I really honestly do not care if he gets found in contempt, I do not necessarily want him in trouble..I just want to see my daughter. I drafted an agreement already that I filed with the court with my contempt papers. I included even numbered years, odd numbered years, pick up and drop off, phone conversations, mothers and fathers day, clothing for the child during visitations, summer vacations. I think it was extremely well covered. I cannot tell you how helpful your response was! I could not afford an attorney, so I have done as much preperation and research as I can do. I know claiming ignorance of the law will not make me look good in court, so I have made sure to be as knowledgeable as possible. I have copied and pasted the modification request. I replaced our names with Mother and Father. Did not want to get in trouble for posting his name on anything!!  Sorry this is so long!!


          Section One.
           Weekends




Father, shall have the care, custody and control of Child, born December 20, 1997, now 7 years of age, the minor child of the parties. Mother, mother shall have the right of visitation with the child as follow.

Mother shall have visitation on alternating weekends, commencing October 1, 2005.

Weekend visitation shall begin at 7pm on Friday and end at 5:00 pm On Sunday.

If any weekend provided for in this section included any day, or falls during any weekend or other time period provided for in Sections Two through Four or Section six below, the visitation provisions of that section shall govern.

   
         Section Two.
              Holiday Weekends


A "holiday weekend" is a weekend in which the immediately preceding Friday or following Monday is an official holiday observed by the school attended by the such, such as (but not limited to) Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, the Fourth of July, Labor Day, Columbus Day, and Veterans Day.

Mother, mother shall have visitation on the Martin Luther King, Jr. Day, Presidents Day, Fourth of July holiday weekends on odd numbered years, and on all other holiday weekends on the even numbered years. If the designated holiday is a Friday, the holiday weekend shall begin at 7 pm on Thursday, and terminate at 5 pm on Sunday. If the designated holiday is a Monday, the holiday weekend shall begin at 7 pm on Friday and end at 5 pm Monday.


         

Section Three.
                                 Even Numbered Years

In even-numbered years, Mother  shall have visitation on the child's birthday, and during Thanksgiving and New Year's. For this purpose, the child's birthday shall begin at 7pm the day preceding the child's actual birthday and end at 7 pm on the child's actual birthday; Thanksgiving shall begin at 7pm on the Wednesday before Thanksgiving Day and end at 5pm the following Sunday; and New Years shall begin at 7 pm on December 28 and end at 5 pm on the day before the first day of school following the child's Christmas-New Year's or winter school recess. If the child's birthday in an even numbered year falls on a weekend on which MOther would have visitation under Sections One or Two above, visitation shall be governed by either of those sections.



         Section Four.
               Odd Numbered Years


In odd-numbered years, Mother shall have visitation during Easter and Christmas. For this purpose, Easter shall begin at 7pm on the last day of school preceding the child's Easter or spring school recess and end at 5pm on the day before the first day of school following the recess, and Christmas shall begin at 7pm on the last day of school preceding the child's Christmas-New Year's or winter school recess and end 5pm on December 28th.


         Section Five.
                   Mother's Day

Each year, if Mother  would not have visitation on Mother's Day under any section of this visitation schedule, Mother shall have visitation beginning at 7 pm on the day preceding Mother's Day and end at 5 pm on Mother's Day.


         Section Six.
              School Vacations


Each year, Mother  shall have visitation during the child's school summer vacation, for a period of 4 weeks.

On or before April 1st of each year, the parties shall agree on the inclusive dates for that year of the visitation provided for in this section, or shall on properly noticed motion obtain a court order specifying those dates.

In any year in which the parties neither so agreed nor obtained a court order, the visitation provided for in this section shall begin at 7 pm on the first Friday in July and end at the fourth Sunday afterwards.

         Section Seven.
                  Pick-up of Child


At the time specified in this agreement for the beginning of each period of visitation, Mother shall pick up the child at the residence of Father

At the time specified at the end of each period of visitation, Father shall pick up the child at the residence of Mother

On two hours' prior notice to the other, either mother or father may designate another person to pick up the child on a specific occasion.



         Section Eight.
                                      Illness of Child


If the child is too ill for visitation, the then-custodial parent shall so notify the then non-custodial parent at least 4 hours in advance.

On demand the then non-custodial parent within 4 hours after such notification, the then custodial parent shall within 5 days of the demand provide the then non-custodial parent with written verification of the illness by a licensed medical practitioner.

Days of visitation missed due to illness of the child shall be made up by visitation of and equal number of days. The days on which the visitation is to be made up shall be specified by the then non-custodial parent, but unless the then non-custodial parent consents, the days may not conflict with the provisions respecting visitation on holiday weekends, Easter, Thanksgiving, Christmas, or New Year's.

         Section Nine.
                 Illness of Mother


If the then non-custodial parent is too ill for visitation, the then non-custodial parent shall so notify the then-custodial parent shall so notify the then custodial parent no later than twelve hours before the time for visitation to begin as specified above.

A specific period of visitation is waived if the then non-custodial parent, or the person designated by the then non-custodial parent in accordance with Section Seven, fails to appear to pick up the child within 60 minutes after the time specified for the beginning of that period of visitation.

Days of visitation missed because of the then non-custodial parent's illness or failure to appear may not be made up.

         Section Ten.
                                             Child's clothing


The then-custodial parent shall provide suitable clothing for each period of visitation. This clothing shall be returned by the then non-custodial parent at the end of each period of visitation.

This provision does not prohibit the then non custodial parent from furnishing clothing for the child, and keeping that clothing in the non-custodial parent's possession between periods of visitation.

         



Section Eleven.
                    Telephone Communication with Child


Mother  shall be permitted to contact the child by telephone three times per week when the child is with Father

Father  shall be permitted to contact the child by telephone once every two days when the child is with Mother for more than three days.

All telephone contact must occur between 4pm and 7pm. "Contact" means actual conversation with the child for at least 15 minutes, and no longer than 30 minutes. Except for the purpose of answering the telephone, neither mother, father, or any step-parent may listen to or otherwise participate in any such contact between the child and the other party without the express consent of the child and that other party.

         

[gipsy]

I think you should post you question on Socrateaser's board ,
I agree with the post that said You may need a modification , Although I did not review you parenting plan completely , It seems that  YOU REALLY NEED !!! to write in the pick up and drop off points . This is in my plan like this ,
  Pick up from mother will be at  South center Mcdonalds Located at south center seattle in the parking lot , At 5:pm Friday . Drop off will be at 5PM sunday at 76th and center street Mcdonalds ,: That way there can't be any I was there and you weren't , And My atty told me I could go Buy a coke and it does have the address and date on the reciept that proves you were there , And these problems ended , Also .
  It's not in writeing but I told Mother , Give me the medicine the direction etc and the kid when he is sick , They all try the sick child game , And too my knowedge , My son has never even seemed sick when this transpired , I said once" well I'll be there and if he's throwing up or seems sick I'll leave him with you ". And what d ya know he has recovery before I get there !