Need some help soc!

[ny_irish_dad]

I have recently been to court in New York state with my ex over visitation, hollidays and vacation issues. I reside in New Jersey, with all family court issues being resolved in NY.   My original custody/visitation order stated "Libral visitation as agreed upon by the parties".  After being denied visitation  several times I finally filed a petition against her to change the custody/visitation order.   I am using the sample Shared Parenting Plan from this site as well!

I was recently in court on this petition (May 26th) and due to my Ex not having counsel, the Judge ordered a continuance and granted a temporary order of visitation stating "the Petitioner shall have visitation with the children alternating weekends commencing May 28th from Friday at 7pm until Sunday at 5:30 pm w/ parties to meet at *(designated meeting point)**  and shall have 30 min. grace period."

2 days after this temp order was placed, my Ex called to tell me she could not meet at the designated place on friday, but would be able to on Sunday.  She did not meet at the designated place Sunday, as per the order and I was unable to reach her until 6:30 where she explained that she decided to meet me at a different location and that now I would have to go there to meet her.  The Judge had clearly stated to her that her responsibility was 50% of the transportation.

  My ex also was held involuntarily in the psych ward of a local hospital for 2 days and supposedly was ordered to go to counselling.  

QUESTIONS

 1.    Is this something I can file a contempt over?
 2.    If so how is the best way to go about it?
 3.    Should this incident happen again, am I at fault in any way if I were to bring the children back to my home in NJ and request her to pick them up from there?


 4.    Is there any way for me to verify this info about her mental status?  or for my lawyer to?

thanks for your help

[socrateaser]

>QUESTIONS
>
> 1.    Is this something I can file a contempt over?

Technically, yes, but you show no facts that would permit you to prove to the court that the conversation took place, or that you didn't meet and exchange the child. If you have credible evidence (and even if you don't), then I would send a letter to the other parent, stating your dismay over her failure to adhere to the court order, and further stating, that if she doesn't immediately pay you for your reasonable time, and give you make-up time with the child, that you will file for contempt.

This is almost CERTAIN to cause her to deny you access again, which will compound the contempt.


> 2.    If so how is the best way to go about it?

See #1, above.

> 3.    Should this incident happen again, am I at fault in any
>way if I were to bring the children back to my home in NJ and
>request her to pick them up from there?

A court order is not optional. You must play by the rules even if she does not.

> 4.    Is there any way for me to verify this info about her
>mental status?  or for my lawyer to?

Ask your attorney. There are lots of tactics, but I'm not sure why you think that this information is relevant. It may be, but I don't have enough facts.