Missed Opportunity?

[dipper]

Soc,

Custody reversal took place June 15th.  BM immediately began demanding more visitation rights than I had previously, though order is EXACTLY the same, just roles reversed.  BM states it doesnt matter if she didnt give me visitations in the past, because it is just that THE PAST.

Called attorney about if we could file contempts based on the fact that she is now admitting that she withheld visitations that she is now demanding for herself.  Attorney said we cannot file anything that happened before last court hearing....which was May 15th.

Soc, we HAD filed a show cause earlier, BUT court was delayed and there were so many filings to be heard that one day, the show cause was not even presented.  So, our original show cause was NEVER heard.

Also, in two hearings bm has admitted to cursing me....they played it off like I had cursed her years ago, so it was okay.  

Soc, is it true we cant file a show cause though our original show cause was never heard?


Are we able to use the admitted cursings as evidence of her continuous animosity toward me....in an attempt to have her court ordered into therapy or anger management?


What is your opinion as an attorney on getting in the double standard on visitation as yet another act of vindictiveness and manipulation?

[socrateaser]

>Soc, is it true we cant file a show cause though our original
>show cause was never heard?

Under the doctrine of Res Judicata, a claim concerning a transaction or occurence, tried on the merits in a prior action between parties cannot be retried in a subsequent action between the same parties. So, if contempt for violating parenting time was raised on a certain occassion, and evidence regarding the issue was introduced and considererd by the court, then that evidence cannot be used to raised the same issue again later.

You asked for contempt -- you received custody. I think you got the better outcome, so it's time to move on, now.
>
>Are we able to use the admitted cursings as evidence of her
>continuous animosity toward me....in an attempt to have her
>court ordered into therapy or anger management?

If you can prove it to the court's satisfaction, then yes.

>
>What is your opinion as an attorney on getting in the double
>standard on visitation as yet another act of vindictiveness
>and manipulation?

I think you're fanning the flames. The other parent has just lost custody. That is an especially BIG blow for a woman. So, she's still steaming. Your facts, thus far, is pretty nominal, even though it annoys. I strongly suggest you chill out and wait for something big to occur. Maybe it never will and things will settle down.

[dipper]

Soc,

I filed a show cause against her last week for cursing me in front of son - that is not new behavior, that is typical for her.

As for fanning the flames, I was considering your suggestion of a restraining order to keep her away from us and son, but felt that maybe an order for help would be less of a burden to prove and make her think before she acts next time.

On the bright side, I havent been cursed in a week!  Progress...