What is enough for contempt of court?

[dipper]

Soc, this may fall in the realm of annoying, but I just wanted to check.  My dh has a court order that states he is to have his son from 6pm on Fridays to 7 pm on Sundays three times a month.  He also has certain holidays - such as half of son's spring break.   The judge also told bm in court that the court order is simply a guide and she should not enforce it so rigidly, and ss should be allowed to spend extra time with dh when he does not have school and wishes to do so.  She is to provide transportation 2 of the three times.

It took awhile for the lawyer's to work out the rest and file this.  So, in the mean time, bm would not follow the 6 pm Fridays -stating she couldnt get him down here by then because of work.  One Friday she met local friends and stayed at a nearby restaurant from 6:30 to 8:30 before bringing ss on.  

Once ss wanted to stay until Monday - it was her weekend to drive - and she said she had to work, so dh drove him to her job, an extra 20minutes beyond their home.  When he dropped him off, she informed him that since she had just did him a favor, she wanted him to meet her halfway the next weekend - several hours early - because her family was having a get-together.  Once again, this was a weekend for her to drive.  Well, dh's oldest son took his brother back, seven hours early.

She was allowing ss to come around 2:00 on Fridays after he had been kicked out of school.

This past Friday she brought him down at 5 - an hour early.  She wanted him today at 1 for another family get together locally.  DH agreed to allow ss to go to that, but he wanted him back afterward.  OSS drove ss to the gathering.  DH picked him up at 2:30.  BM came out and started a big fuss, shouting at him in front of her relatives.  She was upset about him picking ss up. BM had rode with her parents and stated that her father did not want to wait around for ss.  What were they supposed to do?  She also told dh that he needed to go in and explain to HER father why he had to wait....
Anyway, dh told her that was her responsibility - and she just got louder.  According to bm, she did dh a favor by bringing ss one hour early even though she had him for 1 1/2 hours today...and expected to take him home with her then.  BM is now stating she will do no more favors and go strictly by the court order.

Soc, the court order says three weekends each month and half of spring break/Christmas break/ and weeks in the summer.  DH had ss from Wednesday night of Spring break  only because he went after him after work, she refused to bring him.  This time stretched into April 2.  To our way of thinking, that is not one of his weekends for April as it was spring break.......

Soc, are there any grounds for violating the order?  



Since it is not explained in detail on the order, isnt it reasonable to think dh gets a full three weekends in April since April 1 and 2 were part of spring break?




Thank you

[socrateaser]

>Soc, are there any grounds for violating the order?  

To prove contempt you need clear and convincing evidence of the defendant's willful violation of a valid, enforceable court order. Assuming your order is valid and enforceable, the question is did BM willfully violate it by refusing to bring the child to DH during a court ordered custody period. This appears to be a willful violation.

However, you need to be able to prove the violation clearly and convincingly. Ask yourself what independent evidence do have to support your claim, knowing, that the other parent cannot be forced to testify on grounds of possible self incrimination.

It's not enough to have the truth on your side. You must be able to prove it to the court's satisfaction.

>
>Since it is not explained in detail on the order, isnt it
>reasonable to think dh gets a full three weekends in April
>since April 1 and 2 were part of spring break?

I can't answer without reading the exact text of the court orders. But, you can do that yourself. Read the order and ask yourself if the other parent has clearly and convincingly violated it. If they have, then ask yourself if you can prove it with something other than just your own testimony that the events occured. If you answer yes to both, then you may have a good case for contempt. Otherwise, not.

[dipper]

Hi Soc,

What kind of evidence could we have to support this?  


BM did leave a message on the  machine - stating that was 6:25 and dh had told her he would meet her at 6:15 and wasnt there.  And biting out a question - where was he at?!    This was earlier than the pick-up time, but she put in a way that said dh had agreed to it....

Also, a garnishment question.....

BM was ordered to pay dh money.  DH garnished her wages as she wanted to pay the next 10 years....We are still doubting the garnishment was sent on to headquarters, but in the even if it was - she lost her job a couple of months ago.  DH doesnt go to court until May 12 on this.

Now she has a part time job for a cousin and a waitressing job.  From what we have read, you have to allow the person to keep 30 times minimum wage.....

WE have also read something about garnishing the bank account - but she would just close it out.

Soc, is there any recourse in court to go back and attempt to get this money?



How long is a garnishment enforceable?



Thank you.................

[socrateaser]

Breaking the rules. Facts, then questions, please.

[socrateaser]

Breaking the rules. Facts, then questions, please.