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Filing a Show cause for violations of order

Started by dipper, Nov 29, 2015, 10:33:37 AM

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dipper

HI,  We have had a year long battle that began with a home-drawn agreement.   We had went to court in April, parties made tweaks and judge said write it up and send it to him.  But, then the other side wanted to make another change not agreed upon.  What ensued was 7 months of legal bills - attempted agreement negotiations that the other side always cancelled -mostly due to health issues, but then stopped replying to attempts to do so.  Could not even make the court appearance on July 28th.


So, we went on November 3rd and at the last moment they sent in the agreement from April, saying they would not pursue in front of judge if we agreed to those terms.   We were told by our attorney that he feared social services would become involved and then all of us may lose - which, honestly I had no fear of at all.  I know our side and we have nothing that would cause social services to remove her from our care.  However, I felt very intimidated by our attorney's badgering to sign the agreement - I could not see winning with his attitude.   I also know they had nothing.....even grandparents that came in April did not return in November.   It appeared our attorney was in a hurry to get out of there and I could not risk going in with him.  We made two changes though - I crossed out what the day they added and put it back to what it should be and added a highly public, security-camera exchange point.


They refused it and I said we are going before the judge.  Within 2 minutes they relented.   All was signed off that day and we had a final order!!   Our order does include the parents and 3 grandparents as custodial parents.  Immediately, the mother became very friendly and went back into the hospital the next day.   She was only being nice because she was again after my son to reconcile...once he told her no, that he did not believe she has changed, her attitude changed.


We signed the order on November 3rd.   The order included she could not drive the child without DMV Clearance due to seizures.  She began driving with child the next week and said she had sent clearance to the judge, but the court has not received anything.   We still do not have proof.   That is one violation.


By November 17th, she said their vehicle was broke down and she had nothing else to drive.  Arrived 35 minutes late to pick up child (with a friend).   Then said we had to come and get child at her house on the 20th.....violation # 2.    Then asked for us to bring child to her, which we refused and she got a ride to exchange point.  Then...texted that we had to come to her house to pick up child on Thanksgiving - violation #3.    She did not allow my son his call with child yesterday - violation #4.


She also keeps discussion business during exchanges - on November 20th, she wanted us to change the holiday schedule on the court order.  I told her she had 7 months to review that and ask for changes.   She then began a texting campaign to my son about how we never work with her.   On Thanksgiving she came out to tell us that when we come to her house, we are to pick up child at exact time and not be early.  We are driving 25 minutes beyond the exchange point because she will not bring child to us.  They find rides to get child, to get groceries, for the grandmother who is on the order to work, but will not bring her to us!


We are also very concerned because of someone who is driving child.    She snapchatted pictures last week with child in car, titled, "pics while driving!"  She screenshot it before it disappeared and then posted it on fb.   I looked in court records online - she was found guilty last November of texting while driving 1st offense and crossing into the other lane while doing so!


We do plan on filing a show cause, but have never did this before.  We will be doing this on our own and not through the lawyer.  Just wanted to know if anyone had any advice as to how to present in court - I do have proof through texts and such of everything I have stated.

ocean

Depends on the state. Here you go to family court , petitions office and file contempt of court for failure to follow order. List the items she violated and attach the last court order to petition. We do not attach evidence to the petition , that is for the hearing . At end of petition ask for what you want the judge to do: grandparents request that xyz be ordered so child remains to stay safe while in the care of her mother. In our state, they have the paperwork online and you can fill it out before you get to office or the office will type it up for you. Here it is free to file in family court.

Driving record- you can order that usually for a fee. Maybe tell her that if she pulls up driving that if she does not have paper that cleared her, child will not be allowed to go into her car. Maybe in petition ask for change pick ups and whoever wants the child, get them. So you go get child to start your visit then she comes and gets child for her visit....if she does not show up at your house, child stays with you. Also can write in petition ask that both parties will not speak to each other and use a communication book. If she is texting son more than a few times: 1. have him text "We will be following the new court order, if you continue to harass me by text I will be forced to file charges," then do it, and ask for RO so she can no longer contact you /him . 

dipper

Thank you Ocean.  I did find the form online a few moments ago...very confused as to how to fill out one section though and cannot find any samples.   I see the one line to fill out what the order says, but then it goes on to say:
such act of the respondent being described as ______________________________________ on _______(date).


Do you know what that means?   We do not want any exchanges at anyone's home from now on.  Our original exchange point had been a 'public' place but rarely had people at it.  We chose a new location that was midway and always has people as it is a grocery store feeling the highly public area would help keep things calm.  Things got out of hand again on Thanksgiving and I feel we are at risk when we go to their home for pick-ups.  I feel we were set up and I think it is best to be a in a public location at every exchange.