Contempt Definition

[NoNicky]

Short facts.  Court order grants father summer visitation to begin the day after school lets out for the summer.  School lets out June 9th.  

BM has stated her intention to deny summer visitation.  A talk with GAL resulted in him sending her a letter reminding her that it is an order and that he feels the visitation is important.  He stated if she denied he wanted contempt filed that day.

Intention is to attempt to pick child up peacefully and if denied call police and ask for assistance in enforcing order.  Police have assisted in past for shorter visits.

Question:

1.  If police are used to enforce the order is she still in contempt because of the denial which caused the police to be called?


NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6

[socrateaser]

>1.  If police are used to enforce the order is she still in
>contempt because of the denial which caused the police to be
>called?

Contempt is the (1) willful, (2) knowing, (3) violation of a (4) valid, enforceable court order.

Assuming that a valid, enforceable court order exists, and the other parent has notice of the order's existence, then if, prior to the arrival of law enforcement, you attempt to pick up the child, and the other parent refuses to permit it, then this would be a willful violation of the order, thereby satifying all four elements, and making a prima facie case of contempt.

The difficulty is that you would have to be able to prove that the other parent wouldn't transfer the child, so, if the police arrive, and all of a sudden, mom says, "Hi, I was just getting our son's suitcase ready," then there is no objective evidence for the court to rule on -- it's your word against the other parent, therefore, no contempt in this circumstance.

You could try to record the transaction before the police arrived, and get your proof that way, if you so desired.

Finally, if you wait for the police, and when they arrive, the other parent transfers the child without argument, then there is no proof of a willful violation, therefore no contempt on these facts, either.

[NoNicky]

Thanks that clarifies it for me nicely.  In the past she has told the police she denied visitation and until they make her she will continue to.  That would pretty much make it contempt even if they get him out of the house.


NoNicky
For God has not given a spirit of fear; but of power and of love and of a sound mind.  1 Peter 1:6

[sonnr2]

If the other parent puts up an argument with the police, withholding the children until the police force her to hand over the children doesn't this become a crime as well as contempt?  California penal code  166.4   273.6    278.5  

[socrateaser]

>If the other parent puts up an argument with the police,
>withholding the children until the police force her to hand
>over the children doesn't this become a crime as well as
>contempt?  California penal code  166.4   273.6    278.5  


166.4 Yes, the other cited code sections would not apply, because the poster does not allege that a restraining or protective order exists, nor that a marriage is still intact (a spouse is defined as a "married" partner).

Regardless, it would be very difficult to get the DA to prosecute, unless the circumstances were extremely egregious, i.e., combined with a serious criminal assault and battery charge, for example.