Motion for contempt

[Ref]

Hi Soc

I was working on drafting up a motion for contempt and was hoping you would be able to review it for me. It is rather long. I have broken it up in the sections asked for on the Motion to fole for contempt form. Thanks - Ref



Question 1 : What were the orders that the contempt is based on?

1.  The Final Judgement of Disolution of Marriage, case number ########## Division "X" dated XX/XX/XXXX. A Final Judgment on Former Husband's Verified Supplemental Petition to Modify Visitation dated XX/XX/XXXX. The Order SANCTION to reimburse for costs of missed deposition.

Question 2: What parts of the orders were not followed

2.
a.   The court ordered "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 ,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." (Shared Parenting Schedule & Shared Parental Responsibility Statement, 2 & 32(1) & 32 (8))

b.   The court ordered "Parents are to divide all school planning days equally. In that regard, the PRP should notify the SRP at the beginning of each school year as to when all school planning days are scheduled, so that the SRP can make efforts to spend this additional time with their child on a rotating basis." (Shared Parenting Schedule & Shared Parental Responsibility Statement, 4 (I))

c.   The court ordered "Should either parent have the child(ren) away from their normal residence for a period of more than 24 hours (e.g. for a trip or vacation) then such parent shall provide the other with an
itinerary of where the child(ren) will be staying providing addresses, telephone numbers of each location, the length of the stay, the name of all persons who may provide care for the child(ren) during the stay, the departure date, and the date of return/arrival." (Shared Parenting Schedule & Shared Parental Responsibility Statement, 4 (L))

d.   The court ordered "Each party shall notify the other promptly of any significant illness or injury affecting the minor child(ren)." (Shared Parenting Schedule & Shared Parental Responsibility Statement, 4 (N))

e.   The court ordered "When airline transportation is used and the child(ren) is/are below the age to fly unaccompanied, the parent having the child transported by air for parenting time must make arrangements with the airline(s) to have the child accompanied by airline personnel. The additional cost of which shall be divided equally between the parents; unless otherwise provided by Court order or agreement between the parties." (Shared Parenting Schedule & Shared Parental Responsibility Statement, 4 (Q))

f.   The court ordered "Each parent shall have the right to contact the child(ren) by telephone at the residence, or location of the other parent with reasonable frequency, during reasonable hours, and for reasonable duration (unless otherwise prohibited by Court order). Unless an emergency arises, "reasonable frequency" is defined as once
per day. "Reasonable hours" is defined as 8:00 a.m. through 8:00 p.m. (child's local time). "Reasonable duration" is hereby defined as no more than one-half (½) hour per call. Each parent has a duty to promptly return telephone calls placed by the other and to see that the child(ren) do the same. The child(ren) shall be allowed to initiate telephone calls, during any period of parenting time. If the telephone call requires a long distant charge, the parent initiating the call is responsible for any long distance
charge." (Shared Parenting Schedule & Shared Parental Responsibility Statement, 4 (T))

g.   The court ordered "Each parent shall diligently remember to encourage and promote, between the other parent and child, good relations, love and affection, spending time with and giving attention to the other parent when that parent has the child. Neither parent shall obstruct, impede nor interfere with the other parents' right to associate with and enjoy the company of the minor child unless there is a court order that requires such behavior." (Shared Parenting Schedule & Shared Parental Responsibility Statement, 32 (2))

h.   The court ordered "Any feelings of ill will, dislike, hatred, lack of respect, or anger held by one parent against the other or held by both parents, shall not be exhibited in the presence of or around the child. The relationship between the parents shall be as respectful and courteous as possible, when dealing with matters relating to the child. (Shared Parenting Schedule & Shared Parental Responsibility Statement, 32 (4))

i.   The court ordered "Both parents shall be entitled to participate in and attend activities in which the child is involved, such as religious activities, school programs, sports events and other activities and important school and social events in which the child participates. Each parent has the duty to independently obtain knowledge of and information about these events. If information is exclusively or uniquely known to one parent, then that parent has the duty to timely inform the other parent, within a reasonable period of time before the event." (Shared Parenting Schedule & Shared Parental Responsibility Statement, 32 (6))

j.   The court ordered the Petitioner to reimburse the Respondent $270.00 for failure to appear at a deposition. ( ORDER TITLE & #)


 
 

Question 3: What has been done/not done that doesn't comply

3.

a.   
1)   Petitioner has failed to contact the Respondent regarding the following items, thus failing to allow Respondent to participate in joint decisions:
•   Child was invited to participate in an advanced program at a different high school.
•   Child has signed-up for classes for high school.
•   Child has gone to a social worker for therapy.
•   Child went on a field trip for 1 week.
•   Child has participated or was invited to participate in extracurricular activities (Beta Club, Office Assistant, Peer Counseling)
•   Child had a friend who was institutionalized for suicidal tendencies due to information the Child provided to authorities.
2)   Petitioner has denied the Respondent's right to confer with her regarding major decisions regarding the welfare of the child.
•   Petitioner refused FedEx that discussed summer 2004 visitation with the child attempted delivery date_____
•   Petitioner would not accept FedEx discussing the July 4th Holiday and a medical appointment for the child. Attempted delivery, 6/13/05, 6/14/05, 6/15/05. Respondent had letter held at the location until 6/21/05 when it was retuned to Respondent.
•   Petitioner would not return voicemail that Respondent left regarding the July 4th holiday. VM left 6/20/05.
•   Petitioner would not return voicemail that respondent left regarding the July 4th holiday on _____
•   Petitioner did not accept certified letter regarding her unwillingness to pay for unaccompanied minor fees.
•   Petitioner refuses to read emails (3) sent to her email address

b.   Petitioner has failed to contact the respondent about school planning days for the    school years 2004-2005 and 2005-2006.

c.   Petitioner has failed to contact the respondent regarding child being away from her home for over 24 hours.

•   Child was out of the home for her trip to School Trip from April X, 2005 though April X, 2005.

d.   Petitioner has failed to notify Respondent of any illness that caused the 16 absences and 20 tardies noted on the Child's report card.

e.   Petitioner has failed to reimburse the Respondent for the half of any unaccompanied minor fees incurred for visitation for

•   Summer 2004 ($75)
•   Winter 2004/2005 ($75)
•   Labor Day 2005  ($75)
•   Summer 2005. ($50)

f.   
1)    Petitioner calls the Respondents' home several times in a day. Petitioner will also call Child's cell phone several times in a day when in the care of the Respondent. This was done on the following dates:
•   June 24, 2005 at 5:55pm, 6:03pm, 8:39pm, and 9:00pm

2)   Petitioner calls the Respondent's home using the toll free number set up for the Child to use: This was done on the following dates:
•   June 15, 2005 at 6:17pm
•   June 24, 2005 at 5:55pm, 6:03pm, 8:39pm, and 9:00pm
•   July 20, 2005

g.   Petitioner has failed to encourage and promote good relations, love and affection between Respondent and child and Petitioner impeded and interfered with the other Respondent's right to associate with and enjoy the company of the minor child

•   On _____, child left a voicemail stating that the Petitioner wanted the child to call the Respondent regarding money.
•   Petitioner has allowed and encouraged the child to look over legal documentation as it relates to the Petitioner and the Respondent.
•   Petitioner had child bring the Parenting Agreement with her during the Summer 05 parenting time.
•   Petitioner allows child to screen phone calls from Respondent.
•   Petitioner required Respondent to pay her half of the unaccompanied minor fee for the flight the child was to make for Summer 2005, or the child would not be able to fly.

h.   Petitioner has exhibited feelings of ill will, dislike, hatred, lack of respect, or anger toward the Respondent.

•   On XX/XX/XXXX, the child's birthday, petitioner slammed the door in the face of the respondent in view of the child.
•   In the evenings of August XX, 2004, and August XX, 2004 the Petitioner and the Respondent were negotiating child support increase and the Petitioner began screaming at the respondent over the phone while the child was at the Petitioner's location.  
•   Petitioner leaves hostile voicemails on family answering machine

i.   Petitioner has failed to notify the Respondent of any of the child's activities including.

•   Choir concerts – Including Christmas and Spring
•   Dances – Including Prom
•   Field Trips – Including XXXX
•   Doctor Appointments – See Dr's statement
•   Social Worker Appointments – See receipts

j.   Petitioner has failed to pay the $300.00 as ordered by the court sanction.

 
Question 4: what would you like the court to order

a.   
1)   Petitioner shall be required to email or fax Respondent at a minimum of a weekly basis by Sunday 9pm in the Petitioner's time zone information regarding the child including any major decisions that are to be made and to continue to discuss these items through email or fax until a joint decision is met. If the decision must be made within a week or less the petitioner shall send a separate email or fax immediately in order to facilitate discussion to achieve a joint decision.
2)   Petitioner shall be required to reimburse the Respondent within 180 for the cost of the FedEx and Certified Letter totaling ___?60?___. The court award prejudgment interest.  Petitioner's wages shall be garnished for those amounts. If the Petitioner is unemployed, the Petitioner shall be required to seek employment. Until employment is obtained, the Petitioner shall pay the required amounts through the central governmental depository.
3)   Should the Petitioner cause any package or letter from the Respondent to be returned, the Petitioner shall be required to pay $100 to the respondent for every returned letter. This payment shall be made within 30 days of the letter's date of return.

b.   Petitioner shall be required to fax or email the dates of all future planning days within seven (7) days of finding out when they are but no later than 1 week prior to school returning from summer break.

c.   Petitioner shall be required to email or fax Respondent at a minimum of a weekly basis by Sunday 9pm in the Petitioner's time zone information regarding the child including any time the child is planning to stay out of the parent's home. If the decision must be made within a week or less the petitioner shall send a separate email or fax noting all required contact information.

d.   Petitioner shall be required to email or fax Respondent a separate email or fax noting all necessary information such as type of illness, whether school will be missed, whether a doctor has been seen and any medication needed within 5 hours of the illness. If it is a severe illness or accident that would require hospitalization or a visit to the emergency room, a phone call shall be made in order to notify the Respondent within 2 hours.

e.   Petitioner shall be required to pay the amount owed within 180 days. The court award prejudgment interest.  Petitioner's wages shall be garnished for those amounts. If the Petitioner is unemployed, the Petitioner shall be required to seek employment. Until employment is obtained, the Petitioner shall pay the required amounts through the central governmental depository. The Respondent shall pay unaccompanied minor fees in advance of the flight for his parenting time. The Petitioner shall reimburse the Respondent for her half of the unaccompanied minor fees with 30 days of the child's flight to the Respondent. If payment is not received by the 30th day, $5 shall be charged to the Petitioner for every late day.  

f.   The court compel the Petitioner to comply with the prior order by not discussing issues related to the court with the child or in front of the child, not allowing the child to view documents related to the court, and not allowing the child to screen calls from the Respondent. The court require the Petitioner to attend a Parenting class.

g.   The court compel the Petitioner to comply with the prior order by not yelling at the Respondent when the child is in the immediate area (such as in the same apartment) and not acting out physically when the child is in the immediate area.  Additionally the court shall compel the Petitioner to leave voicemails that are appropriate when the Child is residing at the Respondent's location. The court require the Petitioner to attend a Parenting class.

h.   Petitioner shall be required to email or fax Respondent on a weekly basis by Sunday 9pm in the Petitioner's time zone information regarding the child. This communication shall include any information regarding the child's school (such as grades, absences, tardies, discipline and kudos), the child's medical condition, the child's extracurricular activities, any appointments she might have with a doctor or social worker as well as any other pertinent information. This would also be an acceptable time to discuss any major issues and any trips the child may take, if time allows.

i.   Petitioner shall be required to pay the amount owed within 180 days. The court award prejudgment interest.  Petitioner's wages shall be garnished for those amounts. If the Petitioner is unemployed, the Petitioner shall be required to seek employment. Until employment is obtained, the Petitioner shall pay the required amounts through the central governmental depository.

j.   Petitioner shall be required to pay costs and fees in connection with this motion. Petitioner shall be required to pay the amount owed within 180 days. The court award prejudgment interest.  Petitioner's wages shall be garnished for those amounts. If the Petitioner is unemployed, the Petitioner shall be required to seek employment. Until employment is obtained, the Petitioner shall pay the required amounts through the central governmental depository.

[socrateaser]

Ahem, well that's quite a boatload of allegations. In order to win a contempt motion you need, depending upon the particular remedy sought, proof that is either clear and convincing, or beyond all reasonable doubt. Read through your motion and ask yourself "For which of these allegations do I have objective, admissible documentary/recorded evidence, or testimony from a disinterested competent witness, that will satisfy my very heavy burden?"

If you have ANY doubt about your ability to prove a particular allegation, then just cross it off, right now, because you are wasting your time asking the court for relief. In fact, by alleging so much, you make light of the things that you can prove -- like the failure to pay for the missed depo -- something for which the court just may toss your ex in jail for a few days to give her some encouragement to pay the bill.

So, look it over and then resubmit and we will try again.

[Ref]

This is the evidence that we have:

a. BM left a voicemail stating that she does not "HAVE" to communicate with BF. BM left another message stating BF's need for information about school and social life was "minutia". BM refused delivery of 3 FedEx's and 1 Certified Letter as evidence by tracking and the actual unopened packages. Voicemail left by BM admitting to refusing the packages. Phone calls from BM's number within the timefame of the attempted deliveries evidencing that she was home at least to receive the drop off tags left on her door.

b. Several written requests by BF with no response except the metion of minutia as stated above.

c. School records of field trip

d. Also listed as minutia

e. Letter from BM refusing to pay any fees

f. Phone bill showing that BM called using the toll free number 4 times in 1 day. Caller Id showing that she had done similar things at least 20 times over the past year.

g. How would the court look at a voicemail from child stating that BM had them call for money? Pictures of Parenting agreement in child's drawer as well as other items BM sent her with to argue about visitation (tickets to return to BM's home and cash) BM wrote a letter stating that she allows child to screen calls from BF.

h. Only evidence is step-mom ould testify to the door slamming and phone calls. The voicemails are also avaible. BM lef a voicemail stating that she would not pay the unacompnaied minor fee for this summer. If BF wanted her, he would have to pay.

i. would the voicemail staing that she doesn't have to communicate with BF be sufficient?

j. BM wrote in a letter that she would not pay.

The money issues are the easiest to prove but they are not the most important thing to get right. Child is being put in the position of having to mediate and there is no possiblility at this point of BF and BM ever being able to discuss things about child without the child being involved in the message passing (what a dream for a naughty child!).

Thanks for the quick response. Did you take a speed-reading class?

[socrateaser]

Take what you just posted and put it underneath headings stating a question that requres proving, like:

1. Did the other parent willfully violate the court's order to _____?

Exhibit #1, _____.

Exhibit #2, _____.

Then ask yourself, "How easily would I say "yes" to the above question if I were given this proof?

If you say, a little convinced, then you either need more proof or you can forget about the issue.

If you say, this is pretty clear and convincing, then you have a civil contempt, which means that the judge can order money paid to you or jail time, until the other parent stops being bad.

If you say, this is overwhelming and I can't think of any reasonable alternative but to agree, then you have criminal contempt and the judge can order a fine paid to the court or jail time, regardless of whether the other parent stops being bad.

After you do all that, then ask yourself, "How could I defeat this evidence, if I were being accused of these things?" If you come up with an easy defense, then you need different evicdence, because your opponent will probably come up with the same defense.

Do this for everything you want to prove. When you're done with the exercise, I'll bet your complaint is pretty small. Then repost, but not until you do your homework.