Contempt Questions....

[wallyworld85]

Dear Soc,

I have an IL divorce decree that states that I get my child every other weekend and every thursday night.  It also states that I get the following holidays in 2003 (Odd numbered year):  Lincoln's b day, easter sunday, independence day, memorial day.  Also xmas from 9 am- 10 pm,  father's day.  

Even numbered years (2004)

New years day

Two continuous weeks in the summer
The order also states that I should have current number and address at all times.

My daughter NEVER lived in IL.  The "default" visitation was awarded even though it was obviously impossible to follow (I live in IL she lives in FL).  

Then in 2002 my ex gave my daughter to me.  I got a lawyer cuz of abuse allegations and because my lawyer goofed and daughter had only resided in IL for 5 not 6 months, my ex got my daughter back.  She has now forbid all visiation.  She also changed her home phone and NEVER answers her cell (I do not even know if it is HER phone as the voice mail is a computer voice not hers ).  She has called from it a couple of times.  BUT she never answers it when I call it.  It is also a pensacola number AND she resides in Tallahassee.  (phone bill records)

My lawyer and I just put in for contept because since my ex got her back (over a year and a half ago) she has malicously denied visation.  We are putting in for contempt for The 2003 holidays, 2004 new years day, summer, and not having a current phone number to reach my daughter.

1.  Because the court order ALSO states every other weekend and knowing that, that cannot be followed will/could  the judge dismiss my motion for contempt based on the fact that the "standard" visitation schedule cannot be followed?

2.  My EX put in for a motion to modify visitaiton because of needing a long distance schedule (basically in order of FL to take jursidiction of the IL action (my for custody in IL) FL had to have SOME action pending.  Now my ex is prolonging it.  She  "pretended" to have an agreement, but then wouldn't sign her OWN agreement.  Could the judge hold her in contempt for prolonging the court action in order to frustrate visitation.

3/  do we have suffient evidence to hold her in contempt for the telephone contact (phone records showing I call EVERY two to three days with NO answer (1 min calls on phone bill)  I have spoken two my daughter twice in the last 3 months.

4.  What USUALLY happens if she is found in contempt (This will be her first contempt charge)

5.  She has stated NUMEROUS times that until the child support is modified upward  that I will NOT get to see my daughter.  (UNTIL IT IS ALL DONE (VISITATION AND CS).

 Can this be brought up in court?  

She said it in front of many people at the mediators office.  HOWEVER, it was after mediation was held.  She brought my daughter to mediation and because I wouldn't agree to an outrageous amount (3x what I pay now).  She let me hug my daughter BUT wouldn't let me see her for more than 5 min.  She said you wouldn't agree to cs so we have to go now

This was after I drove 1500 miles to FL from IL.  I have been to FL 2 times during all this and have NEVER been able to take my daughter.  One time I didn't even get to see her!  

[socrateaser]

>1.  Because the court order ALSO states every other weekend
>and knowing that, that cannot be followed will/could  the
>judge dismiss my motion for contempt based on the fact that
>the "standard" visitation schedule cannot be followed?

You are ORDERED to exercise and the other parent is ORDERED to permit, the visitation described in the custody order. If either of your fail to do so, then you are in contempt, technically, unless you can show that your failure to abide by the order was not willful, i.e., caused by circumstances beyond your control.

It's arguable that your living so far away is beyond your control, if you have a job and you cannot easily move to FL. On the other hand, the order was made knowing that you would never be able to exercise it, so it could go either way.

Your ex could try to hold you in contempt, but I think the judge would probably find that you cannot reasonably be expected to exercise weekend visitation under the terms of the order, while the mother is clearly willfully refusing to permit you access to the child.

>2.  My EX put in for a motion to modify visitaiton because of
>needing a long distance schedule (basically in order of FL to
>take jursidiction of the IL action (my for custody in IL) FL
>had to have SOME action pending.  Now my ex is prolonging it.
>She  "pretended" to have an agreement, but then wouldn't sign
>her OWN agreement.  Could the judge hold her in contempt for
>prolonging the court action in order to frustrate visitation.

If you can prove that she agreed to the terms of custody and then backed, you could probably have her sanctioned for contempt, if she didn't abide to the agreement. The trick is proving that she gave you a proposed schedule, and you signed it, and then she refused. It was not real smart for you to sign her proposed agreement before she signed it. And, if memory serves, didn't you drop a contempt motion already and submit to a new support order? If that's true, then the lesson is never sign a partial agreement -- if your attorney advised you to do that, I'd call that malpractice.

>3/  do we have suffient evidence to hold her in contempt for
>the telephone contact (phone records showing I call EVERY two
>to three days with NO answer (1 min calls on phone bill)  I
>have spoken two my daughter twice in the last 3 months.

Probably.

>4.  What USUALLY happens if she is found in contempt (This
>will be her first contempt charge)

Depends on the judge.

>
>5.  She has stated NUMEROUS times that until the child support
>is modified upward  that I will NOT get to see my daughter.
>(UNTIL IT IS ALL DONE (VISITATION AND CS).
>
> Can this be brought up in court?  

If you could prove this, she'd be in some pretty hot water.