Back to court again!

[Romersgirl]

Background - DH has full custody, BM has reasonable and fair visitation.  A couple of weeks ago BM and her new boyfriend got int a fight and she put in him jail.  Against better judgement we got involved after she called us (kids were with grandparents) and she gave us the money to get him out of jail, saying that she'd made a mistake, after DH went and got him he didn't want to talk to her so she destroyed her house, in my presence.  Threw pictures, dressor drawers, put her foot through her coffee table, etc.

One week goes by they are back together, she puts him in jail again.  The boyfriend comes to stay at our house for a couple of days after she again paid for him to get out.  He told us of her using Cocaine and drinking and out all night, all of things we thought had stopped which is why we agreed to the unsupervised visits to begin with.  

Since then we have not let the boys go to her house for the visitation, we have sent them to her moms and she can go visit them anytime she wants.  Again the court order states:
"Mother shall continue to enjoy her unsupervised visitation. The prior oder of 6/23/05 (granting father full legal and physical custody) shall remain in full force and effect.  The parties shall be fexible and fair in their dealings regarding visitation".

Yesterday we got a summons where she show caused us for violation of a court order.

1.  Are we actually in violation of a court order as it states to use fair and reasonable visitation and we used our best judgement keeping hte boys away from abuse?

2.  Obviously since they are back together again he will probably deny saying all things about her drug use etc, can we still use it?

3.  DH is going to try and go to the court house to file for supervised again for her, is this going to look like retaliation?  

4.  We go to court feb 15 for her now, should we continue to let the boys go to her moms and have her visit them (as our concerns are still the same) or should we let them go back to her and let the case be reopenend?

5.  Anything else would be greatly appreciated.  THANKS!

[socrateaser]

>1.  Are we actually in violation of a court order as it states
>to use fair and reasonable visitation and we used our best
>judgement keeping hte boys away from abuse?

No, the order's way too vague for a contempt, if you have a reasonable fear foe the kids' safety.

>
>2.  Obviously since they are back together again he will
>probably deny saying all things about her drug use etc, can we
>still use it?

Doesn't matter -- you saw the trouble and you responded in a reasonable fashion. But, you should have a tape recorder with you so when you witness extreme behavior, you can record the incident for the court's review.

>
>3.  DH is going to try and go to the court house to file for
>supervised again for her, is this going to look like
>retaliation?  

No, it makes sense. File for an emergency hearing, explain to the judge why you think supervised visitation should be reinstated, and see what the court says.

>
>4.  We go to court feb 15 for her now, should we continue to
>let the boys go to her moms and have her visit them (as our
>concerns are still the same) or should we let them go back to
>her and let the case be reopenend?

See above.