proof od contempt

[Ref]

It has been a year since Dh's new parenting agreement was in place. It states that major decisions such as medical, school, school trips and dances should be discussed between BM and DH so that they may come to a joint decision. BM is charged with starting the conversation because she is CP.

She is also to inform him if SD is ill to the point that she needs medical treatment or misses school.

SD has missed school. SD has had school trips and the such. SD has been invited to go to a special program in school that BM decided to turn down.

How does DH prove that BM never consulted him?

Thanks Soc

[socrateaser]

>How does DH prove that BM never consulted him?

Before we work that question, do the court orders state what happens if the parents cannot reach an agreement? If not, then the consultation is "precatory," i.e., wishful, in nature, because there's no way to enforce it. Attorneys use such language to give the adverse party a warm fuzzy feeling that they're getting something valuable, when in reality, they're getting nothing but a bill for services rendered.

If the orders do have some sort of remedy to not being able to reach an agreement, then it's possible that you could prove contempt by subpoenaing records from the school that show only BM's signature in consent to some school-related activity. Absent that, you'll have to tell me all of the facts, but I suspect that you will never prove what you seek to prove, and certainly not "beyond all reasonable doubt," which is what is needed for a contempt order.

[Ref]

"Decision Making: Each party has a right to confer with the other pertaining to all major
decisions affecting the welfare of their child(ren) (unless otherwise prohibited by Court
order, example: Domestic Violence Restraining Order). Both parents shall confer so that
major decisions affecting the welfare of the child(ren) will be determined jointly. Such
major decisions may include, but are not limited to, the education, medical and dental care,
religious training, and discipline of the minor child(ren). The (PRP) has a duty to discuss
with the (SRP) the advantages and disadvantages of all major decisions regarding the
children and to work with the (SRP) in an effort to reach a joint decision. For example, this
duty would include an obligation to discuss a decision to remove a child(ren) from public
school in order to enroll a child(ren) in private school, it may include allowing a child to
participate in a school related activity e.g., field trip. It would not include a decision to have
a child's hair cut. In the event the parties are unable to agree on a decision affecting the
welfare of the minor child(ren) and time does not permit a hearing before the Court, then the
(PRP) has the right to make the decision and the (SRP) may file petition within a reasonable
time to review the decision."

AND

"Medical Condition: Each parent has the right to know of any significant illness of a
child or significant injury sustained by such child(ren). "Significant" is hereby
defined as any such condition which would require a child to miss school or to be
taken to a health care provider. Each party shall notify the other promptly of any
significant illness or injury affecting the minor child(ren)."


It is not the issue of decisions made that he would have done differently, it is more about the information that he is not gettin from her.

She may admit that she does not tell him these things in writing. She thinks that it is none of his business and he shouldn't need that information anyway. Barring that, I guess he should fous on the other, more easily proveable contempts.

Would it do any good try for these contempts along with the others as a way to show her attitude toward the situation?

Thanks

[socrateaser]

>Would it do any good try for these contempts along with the
>others as a way to show her attitude toward the situation?

The orders are worded in such a manner that it is likely impossible to gain a contempt order based on a claim that the primary parent makes a final decision. Secondary parent's recourse is to seek a review of the decision by the court.

Failure to confer could be contempt, but there is no means to prove such failure unless you routinely record every conversation that takes place between parents or unless the primary parent admits in a writing or in court that she doesn't confer.

Failure to provide information suffers from the same difficulty. Proof of facts will be difficult to obtain, without an admission from the primary parent that she fails to provide information.

 Unless there is some objective third-party witness, such as a doctor, or school administrator who will testify that the primary parent has instructed them not to discuss matters concerning the child with you.  Otherwise,I think you're probably just wasting your time.