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serious medical issues

Started by missy, Mar 30, 2005, 06:26:01 AM

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missy

Divorce was final in 2003.  Since than we have been to court many times about contempt charges where the CP was denying visitation and phone contact.  Attornies talked and settled the issues outside of court, however, contempt charges are still on file for just in case.   NCP has IN visitation guidelines.

Now, child is undergoing testing for cancer, MD and arthritis.  CP called and informed NCP of this, then when CP was questioned further about what other testing and treatments would be continuing, CP started yelling that she would no longer inform NCP of what is going on medically that he would have to call the dr. himself.  Knowing  he has no clue what dr. she takes the children to for certain and when he did contact a dr. was told they wouldnt release medical info.

1)What options does he have here?  Contempt charges have not worked in the past and this is serious medical issues that she is denying.  


Thanks!

socrateaser

>Divorce was final in 2003.  Since than we have been to court
>many times about contempt charges where the CP was denying
>visitation and phone contact.  Attornies talked and settled
>the issues outside of court, however, contempt charges are
>still on file for just in case.   NCP has IN visitation
>guidelines.
>
>Now, child is undergoing testing for cancer, MD and arthritis.
> CP called and informed NCP of this, then when CP was
>questioned further about what other testing and treatments
>would be continuing, CP started yelling that she would no
>longer inform NCP of what is going on medically that he would
>have to call the dr. himself.  Knowing  he has no clue what
>dr. she takes the children to for certain and when he did
>contact a dr. was told they wouldnt release medical info.
>
>1)What options does he have here?  Contempt charges have not
>worked in the past and this is serious medical issues that she
>is denying.  

You've answered your own question, when you say that the attorneys settled the issues outside of court. Your attorney works for you and you can tell your attorney that you do not wish to settle anything, but rather that you want the contempt hearing to occur and the other party sanctioned by the court.

If you have sufficient evidence of contempt, then the court will find contempt and the other parent will be sanctioned -- if you don't, then you will lose -- that is always the risk.

However, as the other parent apparently will not cooperate as the result of a settlement, it is now time to force her to cooperate via contempt.