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Additional contempt after filing

Started by DecentDad, Mar 09, 2005, 02:25:39 PM

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DecentDad

Hi Soc,

I filed OSC for Contempt after biomom went 10 days without answering her phone or returning my calls to speak to daughter.  

Phone access hadn't been a problem before.  This all started the same day that she was served with the OSC to Modify Support.

Our orders specifically say, "Parents shall have unrestricted phone access" between daughter and the parent with whom she is not with.

Per your advice, I recorded my messages (i.e., each recording captured dial tone, numbers dialed, her voicemail announcement in her voice, and my message including stated date/time and requesting a callback) for the last five of the days (i.e., I started when you mentioned doing that).

Hearing date is April 19.

Even after getting served with the contempt OSC, biomom has continued to block phone access.  Never answers her home or cell phones, and doesn't return my messages left.

I continue to record messages left and document it all.

I've sent several emails within past 2 weeks, documenting inability to reach daughter and asking for explanation.  No response.

1.  For the additional instances that occurred after filing date, would I file some supplemental attachment to the original Affadavit of Facts Constituting Contempt, or is it enough just to bring it all to court and tell judge that day that problem has continued?

2.  If prudent to file a supplemental attachment, what would be my deadline?  21 days out or 5 days out?

Thanks,
DD

socrateaser

>1.  For the additional instances that occurred after filing
>date, would I file some supplemental attachment to the
>original Affadavit of Facts Constituting Contempt, or is it
>enough just to bring it all to court and tell judge that day
>that problem has continued?

Each contempt is a separate charge, and the defendant is entitled to know what charges he/she is accused of. If you have a new set of contempts, I would file a completely separate OSC, and then try to have the hearing set for the same date and time as your other contempt motion.

You don't want to give your opponent grounds for a continuance.