Help..........................questions seeking answers or thoughts

[lissa68]

Melissa(lissa68)


I originally filed a petition to modify custody and visitation. I filed in January of 2004, in Iowa, and Trial date is set for August 2004.

Friday April 16, 2004, I went and filed an amended petition with basis of my childs grades involved and a few other things, I also filed a motion for contempt and an order to show cause. They are posted after the message. Find out today upon looking at the Iowa Courts website..................there is a motion to dismiss, on everything I filed on Friday. Has this been done by the judge or ex's attorney? What can I do now? I really know that my amended petition should have been allowed and it is in the best interest of the child for that to have progressed. Anyway, I have posted it all, and await any advice, or opinions or help.

Thanks all, Lissa 68

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Trial Court Case Details
[Summary] Parties [Long Title] [Filings] Property [Criminal Event Filed By Filed Create Last Status
^ Date Updated
MOTION TO DISMISS 04/21/2004 04/21/2004 04/21/2004 CLOSED
Comments: THE MOTION FOR JUDGMENT ON THE PLEADINGS-
ORDER TO SHOW CAUSE
ANSWER
04/21/2004 04/21/2004 04/21/2004 CLOSED
Comments: TO AMENDED PETITION TO MODIFY
ANSWER 04/21/2004 04/21/2004 04/21/2004 CLOSED
Comments: TO CONTEMPT OF COURT
AMENDED PETITION 04/16/2004 04/16/2004 04/16/2004 CLOSED
FILED
Comments: TO MODIFY DEFAULT JUDGMENT-ENTRY
MODIFICATION OF VISITATION
OTHER APPLICATION 04/16/2004 04/16/2004 04/16/2004 CLOSED
Comments: CLAIMING CONTEMPT OF COURT ORDERS
MOTION 04/16/2004 04/16/2004 04/16/2004 CLOSED
Comments: FOR ORDER TO SHOW CAUSE REINFORCEMENT OF
VISITATION ORDER; AND ORDER
OTHER EVENT 04/02/2004 04/02/2004 04/02/2004 CLOSED
Comments: LETTER FROM RESPONDENT
OTHER EVENT 04/02/2004 04/02/2004 04/02/2004 CLOSED
Comments: LETTER FROM RESPONDENT
OTHER EVENT 03/15/2004 03/15/2004 03/15/2004 CLOSED




) EQUITY NO.
RESPONDENT )
) MOTION FOR ORDER TO SHOW
) CAUSE RE: ENFORCEMENT OF
) VISITATION ORDER; AND ORDER
)
PETITIONER )
________________________________________________________________________

1. MOTION

Respondent requests that the Court Order the Petitioner to appear in the Worth County Courthouse in Northwood, Iowa, to show cause why parenting time should not be forced in the following ways based on the violation of parenting time:

A. Modifying the provisions of the Visitation schedule by:

(1.) Specifying a detailed parenting time schedule, as follows:

a. Every Other Weekend Unsupervised Visitation from 6:00 P.M. Friday until 6:00 P.M. Sunday evening, for Respondent, to begin immediately.

(2.) Imposing additional terms and conditions on the parenting time schedule as follows:

a. To allow Respondent three-hundred forty-four hours (344) of denied parenting time to be made up to be effective immediately.

(3.) Ordering the following additional parenting time, as it is in the Best Interests of the Parties' minor child, to compensate for wrongful depravation of parenting time:

a. Allow Respondent three (3) consecutive weeks of summer visitation to begin on July 9, 2004.

B. Compel compliance with the Custody and/or Parenting Time Order.


C. Find the other party in civil contempt of court and order sanctions, which may include, but are not limited to, incarceration.
D. Ordering either or both parties to attend counseling or educational sessions focusing on the impact of violating the parenting plan on children.
E. Issue a civil arrest warrant or enter an Order for the requested relief should the other party fail to appear at the hearing.
F. Awarding the prevailing party his expenses incurred in enforcing the parenting plan, including but not limited to, attorney fees, filing fees and court costs.
G. Terminating, suspending, or modifying child support if the Court finds that parenting time has been denied or interfered with without good cause.
H. Enter an Order for other relief as deemed just and proper by the Court.

2. Order Establishing Parenting Time
A copy of the Order or Judgment establishing the Parenting Time is attached to this Motion.

3. Certificate of Document Preparation

I, the , prepared this document myself without paid assistance.
Dated: ________ day of ______________, 2004.

______________________________________





) EQUITY NO.
RESPONDENT )
) AMENDED PETITION TO MODIFY
) DEFAULT JUDGMENT-ENTRY
) MODIFICATION OF
) VISITATION RIGHTS
PETITIONER )
________________________________________________________________________




COMES NOW, the Respondent, and in this Petition, states to the court as follows:
That a Petition to Modify Default Judgment – Entry Modification of Visitation Rights was filed in the District Court on January 07, 2004. A copy of said petition is attached and incorporated hereinto by reference.
That new information has been received and therefore, the Respondent begs the court to amend his original petition.
Additionally, Respondent failed to make provisions regarding Medical and Dental Insurance Payments and Expenses, Income Tax Deduction and Court Costs and Fees.
WHEREFORE, due to the changes, Respondent respectfully requests that this Court include the following amendments to modify the current custody arrangements as follows:

Terminate Mother's Sole Physical custody and award Joint Legal Custody with Physical Custody to the Father.
Award Mother with Visitation as outlined in the Parenting Plan which is attached and incorporated hereinto by reference.
Mother should provide medical and dental insurance for the minor child and the parties should be ordered to pay for all reasonable unreimbursed medical, dental, and health related expenses incurred for the child in proportion to their respective incomes.
Father should claim the tax deduction for child on even number years and Mother should claim the tax deduction on odd number years providing that child support due and payable during the tax year is paid in full. If so, then Father shall execute the necessary form as outline by the Internal Revenue Service.
Mother shall reimburse Father all court costs and fees associated with bringing for this action.
Dated this _____ day of __________, 2004



________________________________________________________________________

COMES NOW, the Plaintiff, who states that on the 25th day of March, 2002, and the 3rd day of September, 2002, a Court Order, with copies attached hereto, was entered which ordered that the Plaintiff/Respondent be allowed Visitation with parties minor child. The Defendant had knowledge and notice of said order. Nevertheless, the Defendant willfully and unlawfully violated said order by:

(1). Failing to allow Plaintiff/Respondent his Court Ordered Visitation time with their joint child.
(2). Willfully disobeying Court Order dated September 3, 2002. In regards to "Visitation Supervisor."
(3). Discussing with parties' minor child aspects of the parties' divorce, custody, and visitation issues. Also personal feelings of Defendant/Petitioner towards Plaintiff/Respondent.
(4). The Defendant/Petitioner has failed in her role as the custodial parent of our child by not fostering a relationship between our joint child and myself, and has sought to diminish the love, respect and affection that the child has for me" and " The Mother has made no effort to communicate with me, regarding any issues concerning our joint child."
(5.) Relaying messages and questions through the parties minor child for Plaintiff/Respondent.

The facts in support of this application claiming Contempt of Court Orders are set forth in the Affidavit attached hereto and are made part hereof by this reference.





WHEREFORE, THE FATHER/RESPONDENT PRAYS THE COURT.
finds the Defendant/Petitioner in Contempt of the Judgments or Orders, and enters an order that:



A. Finds the Defendant in Civil Contempt of Court and order sanctions, which may include, but are not limited to, incarceration.
B. The Plaintiff/Respondent be granted Temporary Visitation Rights with Parties' minor child consisting of unsupervised Every Other Weekend Visitation from Friday evening at 6:00P.M. until 6:00 P.M. Sunday evening, in his home in Sheldon, Iowa, until trial date in August, 2004.
C. Allow Plaintiff/Respondent three (3) consecutive weeks of summer visitation to take place at Father/Respondents home in Sheldon. To begin the first week in July of 2004.
D. That the Defendant/Petitioner be prohibited from discussing Parental Issues and Adult Matters with the parties' minor child, including but not limited to, custody and visitation aspects.
E. That Defendant/Petitioner be prohibited to engage parties' minor child as a go-between for Defendant/Petitioner and Plaintiff/Respondent.
F. That the Defendant/Petitioner be held responsible for any and all costs incurred in the filing of this motion, including all court costs.

And that Plaintiff/Respondent be granted such other and further relief as the Court feels right and just.

[Peanutsdad]

If the mother had sole legal, and this is what it sounds like,, then there are few if any contempt issues here.

I think that may be what the court is telling you. But dont take my word for it,, post this to Soc's board.

[lissa68]

Melissa(lissa68)

Mother and Father share joint legal custody.

If that makes a difference.

Lissa68