had Motion hearing, evidentiary hearing is scheduled on the contempt matter

[spinner]

Ok so my ex filed a motion for contempt and an order to show cause on me to hold me civily in contempt.

The all claim is that I took our kid out of the country over holliday without her approval.
I can send papers and order privately if needed
We state that the order doesn't say we can't go out and that I only had to provide her with 30 day notice to user her time (vacation preceed hollidays)

Anyway, she asked for:
1- permanent supervised visitation
2- that the child not be allowed out of state
3- that I give my ex our kid's passport
4- contempt for misc reasons
5- attorney's fees

Referee ruled no danger to the kid so visitation isn't changed but kid can't leave MN state till the procedings are over and that I am to give my ex kid's passport till proceddings are over.
Referee also did set a hearing for the contempt issue stating that this is a case of "he said, she said" and that most often these cases are judged by judging the peoples character.
There are tons of papers, affidavits from 11 different peoples yet she said: I am giving you 2 hours that day that's it

The contempt issue is really: he said she said. I gave her 3 letters by hands saying we were going, when we were going, ... she says she never saw these letters.
Both side can't really prove the other one got it or didn't get it.

- What do you think is the outcome gona be?
- How does a referee judge the caracter of someone in 2H hearing, ... What am I to expect ?

[spinner]

her or I?
the one that file contempt or the one that is in contempt (if he is)

[socrateaser]

>- What do you think is the outcome gona be?

I don't know. If I did, I'd apply for the James Randi Educational Foundation's million dollar paranormal challenge.

In order to prove civil contempt, your opponent must show clearly and convincingly that there was a valid court order in place, that you knew of the order, and that you willfully and with conscious disregard, violated the order.

If the order doesn't prohibit you from leaving the country, and that is your alleged violation, then no contempt.

Without reading the exact text of the contempt charge and your order, I can't really comment further, and I don't have time to accept email correspondence, at least not for free.

>- How does a referee judge the caracter of someone in 2H
>hearing, ... What am I to expect ?

Character is not relevant to proving contempt. Either you violated the court order or not.

[spinner]

well the problem isn't that easy.

Court order says that I have to give her 30 day notice. which
I did by hand.
She now state she never had the letter

The order doesn't say that it has to be given by certify mail, ...

And even though I aree that fact are what should be, it isn't always the case in court.

Is it my burden to prove she got the letter or hers to prove she didn't receive it ?

[socrateaser]

>Is it my burden to prove she got the letter or hers to prove
>she didn't receive it ?

It's her burden to prove that you didn't notify her, and she must do so clearly and convincingly for civil contempt (for criminal contempt, it's proof beyond all reasonable doubt).

So, if she testifies that you didn't give her notice and you testify that you did, then absent any better evidence, that's a tie, and far from the required burden of proof.

Nevertheless, I wouldn't go to court on a contempt charge without an attorney to represent me.

[spinner]

Thank you so much, I understand.

Ii have an attorney but I try to learn here first (cheaper) and you guys are all of great help.

Thanks a lot