Contempt

[wallyworld85]

I have an IL divorce decree that states that I get my child every other weekend and every thursday night. It also states that I get the following holidays in 2003 (Odd numbered year): Lincoln's b day, easter sunday, independence day, memorial day. Also xmas from 9 am- 10 pm, father's day.

Even numbered years (2004)

New years day

Two continuous weeks in the summer
The order also states that I should have current number and address at all times.

My daughter NEVER lived in IL. The "default" visitation was awarded even though it was obviously impossible to follow (I live in IL she lives in FL).

Then in 2002 my ex gave my daughter to me. I got a lawyer cuz of abuse allegations and because my lawyer goofed and daughter had only resided in IL for 5 not 6 months, my ex got my daughter back. She has now forbid all visiation. She also changed her home phone and NEVER answers her cell (I do not even know if it is HER phone as the voice mail is a computer voice not hers ). She has called from it a couple of times. BUT she never answers it when I call it. It is also a pensacola number AND she resides in Tallahassee. (phone bill records)

My lawyer and I just put in for contept because since my ex got her back (over a year and a half ago) she has malicously denied visation. We are putting in for contempt for The 2003 holidays, 2004 new years day, summer, and not having a current phone number to reach my daughter.

1. Because the court order ALSO states every other weekend and knowing that, that cannot be followed will/could the judge dismiss my motion for contempt based on the fact that the "standard" visitation schedule cannot be followed?

2. My EX put in for a motion to modify visitaiton because of needing a long distance schedule (basically in order of FL to take jursidiction of the IL action (my for custody in IL) FL had to have SOME action pending. Now my ex is prolonging it. She "pretended" to have an agreement, but then wouldn't sign her OWN agreement. Could the judge hold her in contempt for prolonging the court action in order to frustrate visitation.

3/ do we have suffient evidence to hold her in contempt for the telephone contact (phone records showing I call EVERY two to three days with NO answer (1 min calls on phone bill) I have spoken two my daughter twice in the last 3 months.

4. What USUALLY happens if she is found in contempt (This will be her first contempt charge)

5. She has stated NUMEROUS times that until the child support is modified upward that I will NOT get to see my daughter. (UNTIL IT IS ALL DONE (VISITATION AND CS).

Can this be brought up in court?

She said it in front of many people at the mediators office. HOWEVER, it was after mediation was held. She brought my daughter to mediation and because I wouldn't agree to an outrageous amount (3x what I pay now). She let me hug my daughter BUT wouldn't let me see her for more than 5 min. She said you wouldn't agree to cs so we have to go now

This was after I drove 1500 miles to FL from IL. I have been to FL 2 times during all this and have NEVER been able to take my daughter. One time I didn't even get to see her!

[spinner]

I am curious to know what was the outcome of your contempt case ?

[MYSONSDAD]

It never ceases to amaze me how these PBFH can continue to defy court orders.

I had many contempts on my ex, she only got one contempt. I did my homework, had all documentation in hand, proof she was denying me access.

Keep us informed on how it works out. If you had not paid your CS, and she brought you in for contempt of non payment, you would be in jail right now...

Child support and visitation are two separate issues. In my opinion, this is blackmail.

Good luck!

"Children learn what they live"

[spinner]

could you tell us more on what made the difference for you to win that contempt or is it that she was found in contempt many time and you only once ?

[MYSONSDAD]

I was not in contempt, she was. For denying visitation.

All contempts were the same, my daily log from Optimal, hand written journal, gas receipt, and when possible, an incident report showing she was informed of when I would be there to pick up our son.

The one contempt I got her on, did not have an incident report. That is what blew my mind. There was no difference in any of them, all pretty much the same. Makes no sense to me...
 
"Children learn what they live"

[spinner]

I understand.

There doesn't seems to be any sense in mine either, ....
1- She simply said I denied her visitation.
2- I say and show letters I gave her, telephone record, even a letter she signed.
3- She say she never got the letters and I forged her signature, ...

What a mess, judge said this is "he say she say"....

How long were the hearing on each contempt ? long? did you both have to testify as well as the gard that made the report, .... ???

[MYSONSDAD]

According to the CO, all I needed to do was inform, nothing about it being in writting. I informed with witnesses. For 2 years, verbal was accepted by ex. The last few months, her attorney decided written was needed, but I was not informed. I did testify for about 3 hours. The fact she took oral information about my visitation in the past,  was not considered, she had accepted it before and that was not recognized. They used this written notification as a strategy to get out of the contempts. What I can not figure, is how one made it thru when it was exactly the same as the rest.

My suggestion is to send written, certified with return receipt.

"Children learn what they live"

[spinner]

"My suggestion is to send written, certified with return receipt."

I did that in the past but she said she received a letter with nothing in it and accused me of submitting a letter that was actually not inthe letter to get away with it.

See, I am kind of on the other side of you.
I am the one that gives notice and all but she is the one that file for contempt saying she never got it.

When the judge ruled on the contempt issue, what was he /she looking for to make his/her ruling? non denied proof?
Was she guilty unless proven or was she not guilty unless proven ?

What was the train of thought of the judge ?

[MYSONSDAD]

I would say the Judge did not care that I was being denied. The bias is showing...

I would say the ex is innocent in the eye of the court, even when proof is over abundant.

"Children learn what they live"

[Hawkeye]

A Judge, not caring????

E-GADs!, Imagine my shock!

Let me begin to count the ways....

Pay no attention to that person behind the robe...

they're much happier when we solve drivel ourselves.

Soooo, umm, democratic.  ;^)