Re: Teenage Boys - Contempt Court - Custody Eval

[SFMedic]

Dear Soc,

Listed below is a follow-up from where things were left from my last post with you.

Good news...!  I just finished speaking with a MD attorney, and he suggested the same thing, for me to immediately "withdrawl" the exceptions against the Master in question.  Will be done 1st thing tomorrow morning.  I just filed exceptions this past Monday, so I'm still good, in MD it's filed within a 10 day grace period.  This is being taken care of with a sense of urgency..!

He also stated, how he knows the Master, and he's notorious for making up his mind prior to the hearing even starting.  That he shouldn't have been able to initiate an actual "custody evaluation", but given the circumstances, it's the best thing that could have happened in my case.

Apparently the custody evaluators are pretty good and fair, and should have no problem seeing through all the lies, the children have been telling to the Master during their testimony.  In order to get to the bottom of what's really been taking place.

1.  Question:  Should the eval go well, which based on what were being told at this point, it should, what would this mean for the Mother overall, regarding the Contempt of Court issue?

I'm not really expecting to be able to resume visitation with the children being 15 and 16 y/o, I just want to clear my name, and not have the Mother or Children, get away with sayiing how I'm abusing them, even though there's already been a protective order Nov 18, 06, that was dismissed for "insufficient evidence"...!

2.  Question:  Would any sanctions that may be brought against the Mother from the Contempt case, carry over into the pre-trial conference for "Enforce & Modify Visitation" petition to be heard on April 25th?

3.  Question:  Would any sanctions actually cause/initiate a modification to the standing court order, or would they just be temporary measures that would expire after a brief period of time?

BTW... after tomorrow morning, I'll still have my foot after all...! smile...

Really appreciate you expressing the sense of urgency I needed to take regarding my case.

thanks...


>1. Question: Given the above circumstances and exceptions,
>do you feel a Judge should find grounds for a new hearing to
>be scheduled?

No, because at the moment your contempt motion is still pending, and the judge will not intervene until it is final.
>
>2. Question: If we have an attorney this time during a 2nd
>hearing, is the attorney permitted to be present during the
>children's testimony, in order to object or questioned their
>testimony in someway?

You're not going to get a 2nd hearing. If the master dismisses or finds not guilty, the double jeopardy clause of the constitution will kick in and the mother will be immune to reprosecution for the contempts. That's why the master has left the matter open. If he closes it, you're SOL, and you'll have to start over with an enforcement proceeding instead of a contempt.

>3. Question: If the Mother is found in Contempt, how would
>or could this impact my going to court for a pre-trial
>conference on April 25th for an "Enforce & Modify Vistation"
>petition, which I filed?

That would be good, but it's probably not gonna happen, because now you've undoubtedly pissed off your only ally in the case. Try and withdraw your exceptions if you can. If you can't, I'd say you've probably just shot your foot off.

I advised you not to take exceptions and to try to work with the master. You've made a fairly bad decision to disregard that advice, and you REALLY need to discuss this all with a local attorney now

[socrateaser]

>1.  Question:  Should the eval go well, which based on what
>were being told at this point, it should, what would this mean
>for the Mother overall, regarding the Contempt of Court
>issue?

The contempt is being used as a threat to gain compliance. I seriously doubt that the master will find contmept if the mother cooperates.

>
>I'm not really expecting to be able to resume visitation with
>the children being 15 and 16 y/o, I just want to clear my
>name, and not have the Mother or Children, get away with
>sayiing how I'm abusing them, even though there's already been
>a protective order Nov 18, 06, that was dismissed for
>"insufficient evidence"...!

Hmmm. Then, what you probably want to do is eventually withdraw your contempt action entirely, and then sue her for defamation in civil court, assuming you can prove that this was all materially false. You could also ask that the mother stipulate to a finding of no contempt in return for her agreement that she falsly claimed abuse. Obviously, if she has an attorney, this will never fly. But, if not, and she falls for the deal, then you have proof of defamation and she will not be able to rebut it in a subsequent action.

>2.  Question:  Would any sanctions that may be brought against
>the Mother from the Contempt case, carry over into the
>pre-trial conference for "Enforce & Modify Visitation"
>petition to be heard on April 25th?

If you get a contempt, you will not get the same sanction in the subsequent hearing. A person is entitled to only one recovery.

>
>3.  Question:  Would any sanctions actually cause/initiate a
>modification to the standing court order, or would they just
>be temporary measures that would expire after a brief period
>of time?

Depends on the court's order. Could  be either or both.

[SFMedic]

Dear Soc,


>>1.  Question:  Should the eval go well, which based on what
>>were being told at this point, it should, what would this
>mean for the Mother overall, regarding the Contempt of Court
>>issue?

>The contempt is being used as a threat to gain compliance. I
>seriously doubt that the master will find contmept if the
>mother cooperates.

At some point the children will have to come down, to be with me for an entire weekend, so that a MD evaluator can interview myself with the children, so we were told by the Master during our hearing.

1.  Question:  If the Mother refuses to bring the kids in order to do this, or during any other weekend, prior to the eval, she would definitely not only be violating the standing court order, but a directive from the Master, where my visitation has yet to be modify in anyway?

2.  Question:  I have scheduled visitation with the children on Feb 10th, and will insist that she meet me at our designated meeting place, which is in MD, and of course she's coming from WV, if she refuses would this play a factor in anyway between now and when the custody eval takes place?  I ask because, I don't see her bringing the kids, and will insist that I come to WV, to meet them at a shopping mall once again for 2 hr visit?

>>I'm not really expecting to be able to resume visitation
>with the children being 15 and 16 y/o, I just want to clear my
>>name, and not have the Mother or Children, get away with
>>sayiing how I'm abusing them, even though there's already
>been a protective order Nov 18, 06, that was dismissed for
>>"insufficient evidence"...!

>Hmmm. Then, what you probably want to do is eventually
>withdraw your contempt action entirely, and then sue her for
>defamation in civil court, assuming you can prove that this
>was all materially false. You could also ask that the mother
>stipulate to a finding of no contempt in return for her
>agreement that she falsly claimed abuse. Obviously, if she has
>an attorney, this will never fly. But, if not, and she falls
>for the deal, then you have proof of defamation and she will
>not be able to rebut it in a subsequent action.

The reason I made the above statement about if I would actually see the kids, is because during our 2hr face to face this past Sunday, they were very adamant about just waiting to see what the courts would do and say, regarding my visitation / relationship with them.

How the only reason they were sitting in front of me, was because I'm trying to put their Mother in jail, and that's the only thing they have been focusing on.  It's very sad indeed, knowing it's pretty much a total parental alienation taking place at this time.

3.  Question:  I honestly don't see her walking away from any of this or letting me for that matter just walk away from any of this.  If I did, knowing I probably wouldn't get to see the children because she wouldn't encourage it in the first place, I'm assuming my child support would increase at some point, due to the lack of time with the kids?

thanks....

[socrateaser]

I can't follow this post. Take the new questions and put them into a clean post.

[SFMedic]

Dear Soc,

This is a follow-up from my Contempt of Court case, that was held on Jan 20, 2006.  I live in MD, Mother lives in WV, both represented Pro Se, children are 15 & 16 y/o.

The Master ordered a full blown custody evaluation, told the Mother at this time he was "not not finding her in contempt, pending the outcome of the custody evaluation".

At some point the children will have to come down, to be with me for an entire weekend, so that a MD evaluator can interview myself with the children, so we were told by the Master during our hearing.

The reason I made the above statement about if I would actually see the kids, is because during our 2hr face to face visit this past Sunday, at a mall restaurant in WV, they were very adamant about just waiting to see what the courts would do and say, regarding my visitation / relationship with them.

How the only reason they were sitting in front of me, was because I'm trying to put their Mother in jail, and that's the only thing they have been focusing on. It's very sad indeed, knowing it's pretty much a total parental alienation taking place at this time.

I honestly don't see her walking away from any of this or letting me for that matter, just walk away from any of this.  If I did, I'm assuming I probably wouldn't get to see the children because she wouldn't encourage it in the first place.

The Children have also told me, during our 2 hr visit, it's not their Mom continuing the court action they are, they said this also to the Master during their testimony

1. Question: If the Mother refuses to bring the kids in order to do this, or during any other weekend, prior to the eval, she would definitely not only be violating the standing court order, but a directive from the Master, where my visitation has yet to be modify in anyway?

2. Question: I have scheduled visitation with the children on Feb 10th, and will insist that she meet me at our designated meeting place, which is in MD, and of course she's coming from WV, if she refuses would this play a factor in anyway between now and when the custody eval takes place? I ask because, I don't see her bringing the kids, and will insist that I come to WV, to meet them at a shopping mall once again for a 2 hr visit sitting a restaurant?

3. Question: I'm assuming my child support would increase at some point, due to the lack of time with the kids?  Pending what may take place during my upcoming "Enforce & Modify" motion on April 25th.

thanks....

[socrateaser]

>1. Question: If the Mother refuses to bring the kids in order
>to do this, or during any other weekend, prior to the eval,
>she would definitely not only be violating the standing court
>order, but a directive from the Master, where my visitation
>has yet to be modify in anyway?

The above sentence is not a question. If you're asking me whether or not I agree with your analysis that the mother would be technically in contempt for violating the master's order, well I'd need to see the text of the order or transcript of the court record, but assuming your characterization of the events are accurate, then my answer is yes.

>
>2. Question: I have scheduled visitation with the children on
>Feb 10th, and will insist that she meet me at our designated
>meeting place, which is in MD, and of course she's coming from
>WV, if she refuses would this play a factor in anyway between
>now and when the custody eval takes place? I ask because, I
>don't see her bringing the kids, and will insist that I come
>to WV, to meet them at a shopping mall once again for a 2 hr
>visit sitting a restaurant?

I think that your insistance will probably be unproductive, despite it technically being contemptuous. Your kids don't like you, based on your posts, and no court will be able to force them. So, it's up to you to try to show them that you are above petty issues. This may or may not be petty to you, but your kids may view the extra drive as a considerable bore, and in the end, it's all about them -- whether you like it or not.

You may want to offer a meeting place more convenient to the kids (not to the mom), just so you can show the evaluator and your kids that you're making the effort.

>
>3. Question: I'm assuming my child support would increase at
>some point, due to the lack of time with the kids?  Pending
>what may take place during my upcoming "Enforce & Modify"
>motion on April 25th.

Not necessarily. The uniform guidelines are intended to account for the reality of parenting time, but there is a clause for deviations based upon circumstances where imposition of the guidelines would be unjust or inappropriate. This is required by due process, but it's up to the court. Your argument is that to impose the guidelines in the face of parenting that, but for the other parent's and your children's refusal to cooperate, you would not have to pay, is fundamentally unfair, and not reasonably related to a legitimate state interest.