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Question about comtempt

Started by Crockpot, May 01, 2007, 01:06:10 PM

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Crockpot

SO has an order that states he and ex meet at a store near us to exchange kids.  Well, ex no longer has a car and can't get to the store (she could take a cab).  SO picked kids up at ex's house last time, but we want her to stick to the agreement.  She's the type if we give an inch, she'll take a mile.  She has no means to get a car anytime soon that we know of, so this is not a short term issue.  

If she doesn't get the kids to the meeting point, is she in contempt?  My understanding is she has to willfully disregard the order.

Thanks!

hagatha


>If she doesn't get the kids to the meeting point, is she in
>contempt?  My understanding is she has to willfully disregard
>the order.
>
>Thanks!

This bis not "Willfull disregard of the order" because she doesn't have the means to comply. Without a car she cannot drive to the meeting point. She could take a cab but then she would have to pay the fare.

You could file for contempt but you would loose and possibly have to pay more CS so she can get means of transportation

The Witch

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