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Filed a contempt against the ex wife

Started by cdcoffell, Apr 05, 2004, 06:24:52 AM

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cdcoffell

Well we finally got a parenting mediator session scheduled and his ex didn't show up. She said we didn't notified her properly but we sent her a certified letter a week in advance, which she never signed for, but a notice was left (we have the internet teracking report). She also refused to not a ppear with her lawyer (for mediation) and he wasn't avaiable at the last minute. Anyhow, we have filed a contempt against her. She is not letting Chris see his boys because it has been 6 months that he has not seen them (due to her denying visitation - we have proof and witnesse). HMy quesiton is now, the Medoiator told us that the ex will be filing for a no contact order for Chris and also if visitation is granted, that they want it supervised becasue he ahsn't seen his kids in so long, but this iisn't possible right - he has never done anything to his kids ever. She has also stated to police that there is no court ordered visitaiton which i have proof of (i will be supb. the officer to the contempt hearing.

Any suggestions would be greatly appriciated :)

janM

Sometimes supervised visits are appropriate, not because Dad has done anything wrong, but because the kids need to be re-introduced to him.
Six months doesn't seem that long, unless they are very young.

Good luck.

nosonew

I agree with Jan, also this:

If you have a court order for court ordered visitation, which is specific, not a "as agreed upon by both parties order", you have her for contempt.  Don't be surprised if she gets a slap on the wrist, happens all the time.

ALso, she refused to sign for the letter, but apparently you  have sufficient evidence to show the court that she refused to sign for it.  That will work in your favor.  

I would argue that Chris has tried to see the kids for 6 months, she has refused, thus, he should perhaps have them for 6 months without her seeing them, and see if she would then like supervised visits after those 6 months.  Is that somehow different?  I think not.

I truly hope you have  a "go-getter judge" because if she is filing for a no-contact order, she is going to have to explain explicitly why she is requesting this.  If he has NO priors for assualt, or any other criminal or civil activity that is illegal, then she doesn't have a leg to stand on as I see it.  

You may want to ask Soc his opinion.

I hope she gets CREAMED in court, but of course, I can't see if from any other angle than the sm and father, as I am a sm.  

Although it is true many have to go thru supervised visitation, it is usually due to longer periods of time without seeing their kids and usually due to their own "unavailablility to see the kids" so, hopefully in your case, it will not be granted regardless of their ages.  Although, if they are very young, 4 or less, I hope he keeps that in mind if when he does get to see them, if they DO have separation anxiety, or really doesn't seem to know him after an hour or two, he may want to re-think his position for the CHILDREN, not her.  Good luck!

wendl

also since she has been denying him his court ordered visitation you can ask for that time to be made up due to the denials.

Keep documenting. If she requests a no contact order try to fight that, if she gets it make sure in the parenting plan that you indication whom is going to pick up kids like you so there is no problems.

:)