Motion for Contempt

[Windd]

Socrateaser can you help me develop motion for contempt based on following>


1)Contempt regarding Court order to take son to therapist on her weekend

Has failed to consistently follow court orders regarding taking son to therapist on weekends.
   Her first weekend failed to take son to therapy. Did not call therapist to cancel or r   reschedule.

Her second weekend taking son showed up 25 minutes late for his appointment. Session is normally 35 minutes

Her third weekend to take him. Cancelled saying she was going on vacation.


2) Contempt regarding son is to see no other therapist besides court ordered therapist
   
Has taken son to see therapist other than court ordered therapist. Let therapist ask
   son questions and provide counseling to son


3)Contempt regarding vacation and custodial interfrence
Order states minimum of at least 4wks notice. Mother provided notice 7/25/2005 (email)that she wanted vacation for kids 8/21/05 through 8/26/2005

Father responded (email) that he has plans 8/21,22/05 and asked if we can work around those dates.

Mother responded(email) no she is sorry, she cannot work around those dates. What is so important that father cannot cancel his plans

Father responded he is sorry because technically she did not give 4 weeks notice and father expects kids to be returned at time specified in court order.

Mother states father will be waiting as she has followed court procedure.

Mother provided no itinerary, mother provided no address or number where she is allegedly vacationing. Father does not know when kids will be returned

(father will contact local authorities to document kids were not back at court ordered time)

4)Contempt regarding support.
   Support order dated 7/06/2005 order mother to pay child support in the amount of
   xxx every two weeks.

Mother has made no effort to support children per court order entered 7/06/2005

Child support enforcement did not start garnishing mother check until 8/05/2005

Mother is currently one month in arrears.

(support based on approximate income as mother refused to provide tax information, did not file taxes)

5)Contempt regarding contacting father
Court order states neither parent is to contact other parent at work unless it involves the immediate care of children. Neither parent is to call the others residence before 9am or after 9pm.
Mother calls father at work Wednesday 7/20/2005  @ 9:49 am remind me that I should tell BH not to expect child Saturday.

Thursday 7/21/2005 @ 3:33pm she called to tell me she picked up the kids from the summer program.

Friday 7/22/2005 @ 9:21am she calls to see if I got her message regarding child's appointment with BH.

Monday 8/01/2005 @ 9:24am

Tuesday 8/02/2005 @ 9:15am, 9:45am, 4:30pm for trivial matters

Thursday 8/18/2005 @ 11pm to say kids need items for summer  program trip in the morning

6)Clarification Needed by Courts:
   Clarify Right of First Refusal
Father also would like for right of first refusal to be clarified.   
Mother thinks it is an anytime right of refusal. She has refused to watch kids when father presents need to her to her. Father makes other arrangement and mother then goes to get them when she feels like it.

Clarify whether Summer Program falls into following Court order:

The parties shall share equally all expenses for extracurricular activities, tutors, camps, after school programs, music lessons and mandatory school fees

Summer program 2005 through Children's Association; (I will attached  pages describing program and activities)

Mother has consistently pulled children from program in order to try yo isolate them from associating with others
Mother claims children in a day care and she can go and get them anytime even if court order states her parenting time is Thursday after school until Friday after school.

[patton]

MOTION FOR ENFORCEMENT AND CLARIFICATION and ORDER to APPEAR

The Motion for Enforecement is brough by YOU, Movant , father of the child subject of this suit.  In support Movant shows:

1. Discovery in this case is intended to be conducted under (whatever rules of your state are) Texas is under level 2 rule 190 of the Texas Rules of Civil Procedure.

2. Movant is a resident of City, State, Movant is a Joint Managing conservator.

3. The child is the subject of this suit is:

Name Child's Name
Sex:  Male
Birthplace: City, State
Birth Date:  

Present Address:   (of the child)

Social Security Number:

4. This Court has continuing, exclusive jurisdiction of this case as result of prior proceedings.

5. The parties entitled to notice are as follows:
a. Mother's Name, and complete address, who is Respondent to this motion.  Respondent is a joint managing conservator.

Process should be served at that address:

b. The Office of the Attorney General of TEXAS (OAG) (or whateverever your state uses), address, who previously represented the State of Texas in the Paternity Suit originally filed in this Court.

No service is necessary at this time.  Movant will give the OAG notice by certified mail, return receipt requested.

6. On (date) this Court signed an order that appear in the minutes of this Court at volume... pages.....thru----,. and states the following:

a.  This is where you state EXACTLY what the court says that you have CONTEMPTS on.   Say the first one is to do with visitation. State that part exactly
b. Second to do with surrender of child
c. Third one about the therapist or whatever is ordered exactly in the court order.  ( Any way I had 4 part to the court order that were listed0


&. Respondent, Mother's Name has failed to comply with the order described above as follows:

Violation 1: (List these with FACTS only that you can prove, no hearsay, or he said she said).  Mother failed to take child to therapist on such and such date.

Violation 2 Mother took child late on such and such date

Violation 3 Mother has violated thea court by using a therapist that was not ordered by the court (And this MUST be in the court order)

Violation 4. Do you have these calls TAPED, is it legal in your state?  If no these are going to be just a he said she said situation, the Judge will probably throw them out.

Again PROOF of the violations is essential

8. Movant requests that Respondent be held in contempt, jailed and fined for each violation alleged above.

9. Movant believes, based on the conduct of Respondent, that Respondent will continue to fail to comply with the order.  Movant requests Respondent be held in CONTEMPT, jail and fined for each failure to comply witht he order of hte court from the date of this filing to the date of the hearing on this motion.

10. Movant requests that Respondent be confined in the county jail until Respondent complies with the order of the court.

11. Movant requests that Respondent be placed on community supervision for ten years on release from jail or suspension commitment.

12. On two or more occassions, Respondent failed to comply with the order of the Court by failing to surrender the child to Father as ordered.  Movant requests that the Court order a bond or security for complaiance with the Court's order granting possession of or access to the child.

13. Movant requests that the Court ordre additional periods of possession for Movant to compensate for those periods denied by Resopndent.

14.   Movant requests that the Court order that the location for pick up of the child be changed from Responden't s current resident to another location.  

There's more...but it ends in

Movant prays that Respondent be held in contempt and punished as requested, that the Court order community supervision, that the Court order a bond or security, that the Court clarify any part of the prior order found not to be specific enough to be enfored by contempt, for attorney's fees and costs, and for all further reflief authorized by law.