Show cause fraud

[dipper]

Soc,

We are in VA.  'I' have three weekends per month, plus certain holidays - including Labor Day this year.  

BM said she would bring ss down on Friday and pick him up on Labor Day -wanting him 2 hours early since she brought him down 2 hours early that Friday.  

She came to pick ss up at 5 and he refused to go.  She cursed me went to the police station.  The next day ss filed assault charges because she had slapped him on the face the night before.  She had gotten a judges order to have ss removed from me.  The judge chewed me out.

Today I received a show cause summons she had filed that day in court.  Remember, she was to pick ss up - and I had him ready and instructed him to go...

Her wording, her handwriting:
would not return child to me on 9/5/05

The next page was signed by the judge and its statements:
Findings of the court:
XXXXXX, Father of the child, did not return the child from regularly scheduled visitation on Sunday, September 5, 2005 at 7:00 pm.


Soc, I was not responsible for returning child to her - that is a lie.  She was to pick him up.  She does not say that I obstructed pickup, but that I did not return child.

The judge - for whatever reason - thought this was a regular weekend visitation and that child was to be returned on that sunday evening - and she had come after him on that Monday and I wouldnt let him go....

I have a court order and it appears judge read no further than #1 -- #3 is where I have holidays...

Soc, she filed a lie.  
The order that was used to pick my son up has I didnt return him on Sunday - September 5.........Sunday was September 4.....Labor day Monday was the 5th... I just got a copy of this today.

Soc, do I have any grounds for claiming that she lied in order to have son removed from my care?

Is there any particular motion I would have to file or just prove it in court when we go about all of this?

What about the fact that the judge did not have his facts straight when he sent my son home with someone he had just filed assault charges against?

[socrateaser]

>Soc, do I have any grounds for claiming that she lied in order
>to have son removed from my care?

Only if there was no way that you could have read her pleading before the hearing. Otherwise, you had your day in court and you failed to raise the material falsification when you reasonably should have known about it.

>Is there any particular motion I would have to file or just
>prove it in court when we go about all of this?

I'm confused. You just said you were already in court, and the judge already made orders.
>
>What about the fact that the judge did not have his facts
>straight when he sent my son home with someone he had just
>filed assault charges against?

It's your obligation to present a case that permits the judge to get the facts straight.

[dipper]

Soc, I wasnt given a copy of these papers that day (Sept. 6).  I was at court as my son wanted to file assault charges against his mother.  The police officer came in and took my son saying he had an order.  I then went to J&D court where the clerk just kept saying - sit down and wait until you are called into court whenever I asked for an ex parte motion.

I was never handed a paper stating that there was a show cause against me.  All I knew was that an order had been issued to take my son back.  The paper that states Findings of the court was issued before I ever went to J&D court.  Under findings was the order for the police officer to accompany my ex to remove my son.  

The decision was made before I ever got there.  The judge didnt want to hear anything I had to say once I did get in there.  I was never asked if I failed to take my son home.  I was just accused of not trying to get him in the car with my ex the night before.  

The judge did ask my ex if there was a filing against me and she said no...

I was served with a show cause summons today, September 15.  This is the first I have seen of these documents with false information.

Under findings of the court and it is ordered that:................it states that this case is continued to 11/1/2005.  

[socrateaser]

>Soc, I wasnt given a copy of these papers that day (Sept. 6).
> I was at court as my son wanted to file assault charges
>against his mother.  The police officer came in and took my
>son saying he had an order.  I then went to J&D court where
>the clerk just kept saying - sit down and wait until you are
>called into court whenever I asked for an ex parte motion.
>
>I was never handed a paper stating that there was a show cause
>against me.  All I knew was that an order had been issued to
>take my son back.  The paper that states Findings of the court
>was issued before I ever went to J&D court.  Under findings
>was the order for the police officer to accompany my ex to
>remove my son.  
>
>The decision was made before I ever got there.  The judge
>didnt want to hear anything I had to say once I did get in
>there.  I was never asked if I failed to take my son home.  I
>was just accused of not trying to get him in the car with my
>ex the night before.  
>
>The judge did ask my ex if there was a filing against me and
>she said no...
>
>I was served with a show cause summons today, September 15.
>This is the first I have seen of these documents with false
>information.
>
>Under findings of the court and it is ordered
>that:................it states that this case is continued to
>11/1/2005.  

OK, so if I understand correctly then, the judge issued a temporary order instructing the child to be returned, and now, there will be a final hearing on the merits of that temporary order. Which means your ex has provided an affidavit stating the allegations, and now you will have an opportunity to disprove them.

What exactly are you being ordered to appear and show cause for? She already has the child, so is this a show cause for contempt, or what?

[dipper]

Yes, the hearing is for not returning my child.  She was the one supposed to pick him up on Monday, Sept 5 at 5:00 pm.

The hearing is because I did not bring him home on Sunday, September 4 at 7:00 pm - even though I wasnt supposed to.

The court order gives me Labor day as visitation.  Her picking son up was her decision.

However, after court she told me she would pick son up that following Sunday.  She didnt.  On Sunday, she stated that she was not coming as it was my weekend to provide transportation.   I was two hours late with son because I had believed her when she said she would do pick-up.

I have spoke with a lawyer and sent in a small retainer - he will take payments up until the hearing.  It helps.

thank you...

[socrateaser]

>Yes, the hearing is for not returning my child.  She was the
>one supposed to pick him up on Monday, Sept 5 at 5:00 pm.
>
>The hearing is because I did not bring him home on Sunday,
>September 4 at 7:00 pm - even though I wasnt supposed to.
>
>The court order gives me Labor day as visitation.  Her picking
>son up was her decision.
>
>However, after court she told me she would pick son up that
>following Sunday.  She didnt.  On Sunday, she stated that she
>was not coming as it was my weekend to provide transportation.
>  I was two hours late with son because I had believed her
>when she said she would do pick-up.
>
>I have spoke with a lawyer and sent in a small retainer - he
>will take payments up until the hearing.  It helps.
>
>thank you...

The judge may have saved your ass. In a contempt hearing, you have the right to not be compelled to testify against yourself. The other parent probably doesn't have proof beyond all reasonable doubt that you failed to return the child, and the judge was probably trying to keep you from destroying your constitutional protections.

Anyway, it's good that you have a lawyer -- hopefully, you will be able to escape unscathed.

[dipper]

Soc,
I know its the way I explain things.  

I was not in contempt of the court order at any time.  My court order allows three weekends per month from 6 on Fridays until 7 on Sunday.  I also have additional time on holidays, breaks, summer, etc.  That weekend, I had my son from Friday until Monday due to my having Labor Day.

My ex brought him down on Friday and was to pick him up on Monday.  

He refused to go.  I had him ready and encouraged him to leave.

She filed a show cause stating that I would not return him on 9/5/05.

I did not have to return him - she was to pick him up.  That is where she lied.

I do not know how it got onto the other paper that I had failed to return him on Sunday..........which was 9/4/05.

The judge apparently thought I would not bring my son home after his regular visitation on the weekend.

Both her statement and the courts documenting of the incident are wrong.

[socrateaser]

>Soc,
>I know its the way I explain things.  
>
>I was not in contempt of the court order at any time.  My
>court order allows three weekends per month from 6 on Fridays
>until 7 on Sunday.  I also have additional time on holidays,
>breaks, summer, etc.  That weekend, I had my son from Friday
>until Monday due to my having Labor Day.
>
>My ex brought him down on Friday and was to pick him up on
>Monday.  
>
>He refused to go.  I had him ready and encouraged him to
>leave.
>
>She filed a show cause stating that I would not return him on
>9/5/05.
>
>I did not have to return him - she was to pick him up.  That
>is where she lied.
>
>I do not know how it got onto the other paper that I had
>failed to return him on Sunday..........which was 9/4/05.
>
>The judge apparently thought I would not bring my son home
>after his regular visitation on the weekend.
>
>Both her statement and the courts documenting of the incident
>are wrong.

Doesn't matter. She will have to prove everything all over again at the next hearing, beyond all reasonable doubt, or there's no contempt and you're off the hook.