Change in Circumstance

[robey]

Soc,

CP lives in MD, NCP lives in VA.
Final Order filed in SC 3 years ago.
CP's ultimate goal is to modify the order b/c the final order gives the NCP the authority to choose the visitation and the CP has "no veto" of that visitation. CP doesn't like that the court order controls her, but courts put "no veto" in the order b/c CP always blocked visitation. CP has taken child to a therapist and therapist has said NCP should give up certain weekends - always long holiday weekends b/c the child wants to be with the CP on those weekends and therefore it is in the childs best interest to be with CP on those weekends.
CP has blocked visitations on the basis that it is in the childs bests interest to be with CP during those visitations that the NCP has chosen. CP has hired an attorney and is in the process of having the order enrolled in MD and NCP has 20 days to contest it. Therapist says she recommends a parent coordinator b/c child is older now and interested in other things i.e. friends and etc. CP has written NCP and said CP wants a parent coordinator and NCP must consent to it in order to get one. As I understand a parent coordinator is new to MD courts and is like a GAl. We already had a GAL in SC when the last order was finalized 3 yrs ago. Child was 5 when the last order was finalized and is now 8.
1. Do I have to consent to the parent coordinator when we have already been through this?
2. Is the child getting older and being interested in other things considered a change in circumstance?
3. Can a contempt charge still be filed for the missed visitations? MD or SC?
2. Will a court appoint a parent coordinator upon the recomendation of a therapist even when there has been no change in circumstance?

Thank you Soc!

A child of five WOULD understand this!

[Sunshine1]

Soc,

CP lives in MD, NCP lives in VA.

Final Order filed in SC 3 years ago.
CP's ultimate goal is to modify the order b/c the final order gives the NCP the authority to choose the visitation and the CP has "no veto" of that visitation. CP doesn't like that the court order controls her, but courts put "no veto" in the order b/c CP always blocked visitation.

CP has taken child to a therapist and therapist has said NCP should give up certain weekends - always long holiday weekends b/c the child wants to be with the CP on those weekends and therefore it is in the childs best interest to be with CP on those weekends.


CP has blocked visitations on the basis that it is in the childs bests interest to be with CP during those visitations that the NCP has chosen. CP has hired an attorney and is in the process of having the order enrolled in MD and NCP has 20 days to contest it. Therapist says she recommends a parent coordinator b/c child is older now and interested in other things i.e. friends and etc.

CP has written NCP and said CP wants a parent coordinator and NCP must consent to it in order to get one. As I understand a parent coordinator is new to MD courts and is like a GAl. We already had a GAL in SC when the last order was finalized 3 yrs ago. Child was 5 when the last order was finalized and is now 8.


1. Do I have to consent to the parent coordinator when we have already been through this?

2. Is the child getting older and being interested in other things considered a change in circumstance?

3. Can a contempt charge still be filed for the missed visitations? MD or SC?

2. Will a court appoint a parent coordinator upon the recomendation of a therapist even when there has been no change in circumstance?

Thank you Soc!

A child of five WOULD understand this!

[socrateaser]

>1. Do I have to consent to the parent coordinator when we have
>already been through this?

A GAL is an attorney that represents the child's interests. I have no idea what a parent coordinator is, but it's definitely a local MD legal process, of which I have no specific knowledge. Generally, you don't have to consent to anything, but there is frequently some penalty for not consenting, so as to coerce your consent. But, as I don't know the process, neither do I know the penalty or coercive tactics of the MD court system.

So...no comment here.

>2. Is the child getting older and being interested in other
>things considered a change in circumstance?

Yes.

>3. Can a contempt charge still be filed for the missed
>visitations? MD or SC?

Contempt, is a dish best served hot. Waiting generally means you don't have much faith in the strength of your case. There's no likely statute of limitations, but I doubt you will get your contempts, especially if they were spread over a long period. If they're all within the past couple months, then you have a case, assuming you can prove the contempts beyond all reasonable doubt, which in my experience, almost no pro se litigant can do.

>2. Will a court appoint a parent coordinator upon the
>recomendation of a therapist even when there has been no
>change in circumstance?

N/A. There's been a change if the therapist testifies that the child wants a different parenting arrangement, and the current arrangement is causing the child distress.

[robey]

Soc,

Contempts were all in the last few months. Was getting ready to file in SC for contempt b/c was advised by atty that courts may be harder on CP in that state b/c of past history. Now the order is in the process of being enrolled in MD.

1. Can contempt still be filed in SC if order is in process of being enrolled in MD?

Thanks

[socrateaser]

>Soc,
>
>Contempts were all in the last few months. Was getting ready
>to file in SC for contempt b/c was advised by atty that courts
>may be harder on CP in that state b/c of past history. Now the
>order is in the process of being enrolled in MD.
>
>1. Can contempt still be filed in SC if order is in process of
>being enrolled in MD?

If by "enrolled," you mean registered for enforcement and possibly for modification, then SC retains jurisdiction, until such time as an MD court determines that SC is no longer the proper jurisdiction due to lack of sufficient evidence as to the child's best interests.

If you file for contempt or enforcement in SC, SC's order will prevail, regardless of what's happening in MD, and the act of enrolling the order in MD, will only make it easier for you to enforce the existing orders.

If by "enroll," you mean something else, then you need to tell me what you do mean, because then I have know idea of what's up.

[robey]

Soc,

yes I mean registered for enforcement. CP has registered it and I have 20 days to contest it.

Atty in SC said we could file. But, therapist said CP would just file(something to contest it being heard in SC) in MD b/c neither of us live in SC any longer.

Atty says SC courts would be harder on CP b/c of past history with court system there, which is reason for wanting to file in SC. And also b/c therapist says things are different in MD i.e. would lose on contempt charge in MD.

1. Could CP contest if I filed contempt charge in SC or would SC have to hear it b/c it is the only placed the order is currently registered?

2. If contested, would MD court hear contempt accusations even though order just now being registered in that state?

3. If a contempt charge is filed in SC should I contest the order being registered in MD until the contempt matter in SC is resolved?

Thank You.

[socrateaser]

>1. Could CP contest if I filed contempt charge in SC or would
>SC have to hear it b/c it is the only placed the order is
>currently registered?

I must have missed the fact that neither of you live in SC. You'll have to file your action where the other parent and child now live. SC will dismiss your action if you file there. So, forget about this as an option.

>2. If contested, would MD court hear contempt accusations even
>though order just now being registered in that state?

MD is where you need to be, if that's where the custodial parent and child live.

>3. If a contempt charge is filed in SC should I contest the
>order being registered in MD until the contempt matter in SC
>is resolved?

N/A