Question about contempt hearing..anybody??

[MixedBag]

When thinking about contempt....check out this thread over in Soc's section.  He's not here BUT his old advice is still good advice:

http://www.deltabravo.net/forum/index.php/topic,7524.0.html (http://www.deltabravo.net/forum/index.php/topic,7524.0.html)

Dad may need to take a smaller step first and get parenting time DEFINED or CLARIFIED etc..

and sometimes, you can use other examples of mom's mis-behavior during testimony.

[chickenbubbasmom]

ocean- Dad has joint legal/joint physical custody. His timeshare is 27%. I found the form you mentioned and definitely going to be using it.. I believe a big part of the bias towards dad is that bm has repeatedly filed false tro's and each time she has given copies of these to the school. Allegations range from domestic violence, drug use and distribution, stalking and cyberstalking; I was accused of being a drug dealer and trying to run over the children with my vehicle. She made a fake recording of a drug deal between myself and her friend, but never used it. At one point during visitations, the younger child was plucking out hairs to take to mom for hair follicle testing; she later told the child they were contaminated and couldn't be used. Once dad offered to take the test at her expense, she moved on to something else.

Last time dad went to the school he found that mom's boyfriend was listed #2 on the emergency card, he then showed them where it states that children are not to be in care of mom's boyfriend. They disagreed with dad's interpretation and then called mom. Dad is last on the emergency card, with a notation that children are not to be released to him except during his specified parenting time. In other words, they will not call dad in emergency because mom has specified they not be released to him. Their argument is that mom's residence is considered primary in the paperwork, so only her information should count, even though they have joint/joint..is that right?

Curious-unfortunately, cell phone is in her mother's name..just can't win 


MixedBag-what dad really wants is just for her to follow the order and to be allowed to be an active participant in his childrens lives. He has not tried to take custody from her..bm wants sole custody and all dad's money. At some point if this continues it's going to become more about punishing her than just getting the information and time with the children, because she doesn't seem to have any regard for the court or it's orders unless they are in her favor. I believe the order was very specific when she was told to give dad a copy of her work schedule every 6 weeks or when she receives it. That would alleviate any confusion about the ROFR. We can't really prove that she went to work or left the children with her boyfriend, other than having been told this by both children. Just asking for something as basic as an address; she is now claiming she won't give him her work or home address because he will use it to harass or annoy her. He went to her old apartment one time after she took the children out of school early to deny him visitation. She wasn't there, but her mother was there paying her rent and saw him. A week later he was served with a TRO for stalking because of this, and wasn't allowed to see or speak to his children for 45 days until it was dismissed.

Do you know if he can file another declaration before the hearing just to update the court as to the sports as well as the incident that took place?; if so we would like to do that when we file the proof of service. I know our Commissioner reads EVERYTHING and dad tends to get very nervous and tongue-tied in court.

[MixedBag]

Procedures are gonna be tough to give answers to -- because they vary slightly from jurisdiction to jurisdiction.

I personally believe that many times success lies in the motions and answers .... and then there's court and testimony.

[chickenbubbasmom]

I understand..I haven't had any luck trying to research these questions online either. It's very non-specific.

Possibly I will call the court and try to get an answer about filing that declaration.

[chickenbubbasmom]

I called the court and they said we can file a declaration as long as she is served a copy by mail in a timely fashion so she has opportunity to respond. That means we have to get on it this week, as the hearing is set for 11/12. Will be sending it to her mother's residence, as that is her last known address.

They also had a chuckle over bm's assertion that she wasn't served because the person serving did not say "you've been served".

As for her objecting to the Commissioner, from what I've been able to read in CA Family Law Code, if she objects then the Commissioner can still hear the case and render her opinion. Either party can then object to Commissioner's findings and it will go before a judge.

[MixedBag]

tht's a good one -- "I haven't been properly served" over that!