Is this Contempt of Court?

[starbud99]

Ex wife did not appear on friday when my custody was supposed to begin at the court ordered place half way between her house and mine herein my home town. I appeared there at 630 after driving for 2 hours, and she was not there, and then as the court papers say, i waited an hour after to see if she would come. I then called the county police department and recieved a writen statement to show that I was truly there, and also went in to the gas station and bought something with my credit card to show that I went to to correct place to pick up my children. Then after 745 I continued my drive to her house, and drove directly to the police department in her county. They told me they were too busy and that i would have to come back in the morning at 7am. I left, then came back bright and early and was escourted to her house by a policeman, and she still was not there. I again, recieved a police statement. I drove back home, and on the way back got a call saying i can come pick up the kids, 28 hours later. and that she was in my home town after all. So I sent my wife over to pick up the kids since i was still in route from her home town. Is she in contempt of court? and what do i do about it, since i still got the kids for a day? also, per court order, we share easter, so I had to give the kids back to her for part of the day on easter, and then the kids went home that night, so I only officailly had the kids for a period of 24 hours, insteat of 48. I just dont know if i should pursue this matter, just in case it happens again? She has threntened before, but never gone through with not giving me the kids. now shes done it once, should i pursue in case she does it again. i just want to see my kids, at the court ordered time, with no problems.

[gipsy]

Thats a tough call . But My atty say's if they violate a court order , then file contempt , BUT I had a sinilar situation and  My atty did not file it , Because I later got my son , What I think is If she does it again , And in your state the police show and write a report for family issues , Get the report and forego the visit , And file contempt because she wsn't there , My atty advises to suffer some of these issues , "Because if you go along with it , you teach her that she can " So show at the place and time. And then if she is not there , I think your documentaion is very good , Do it again , MAybe send her a letter  with copies of the police report . And say we need to work this out so we are in the right place at the right time , Or just send the letter . And be nice and ask that she show on the proper time , I  had to take my psycho to court numerous times , And when she didn't show once , I told her " see Ya at the contempt hearing . She said " I know you will" My atty sent her atty a letter , And it was brought up at one of the hearings at court and she agreed to make up time , So there in itself is a plan . File contempt have her served ,And tell her if we agree to make up time then we don;t have to go to court , If she balks take to the hearing , My atty also advises to do contempt hearings pro se , Because , He said " You won't be likely to get a contempt the first time any way , But she will have to pay an atty or show up at court , And by the time  you get to three or four contempts You will have it right , And the court will have a finding of contempt , And Maybe she will do it twice in one year [Washington] And this is change of custody , Also When at the contempt hearing My atty advises to ask for makeup time , That way she went through all this and had to give the time up any way , . I never had to file contempt , She gave me the make up time , And never did it again , My two cents is nip in the bud now pro se , My Cousin did it pro se , And he didn't get a contempt finding , But the mother stopped pulling the crap . If you can't do it on your own Call the court , And parrelegal services in the phone book . And MANY attys , And find some one that will fill out the papers , And you do it pro se , My atty typed up My cousins contempt in like five minutes , And His psycho had to be served , And we all asked to be the luckey one to serve her [ she is not liked ] And some one served her and filled out the service papers and filed it with the court its not that hard , I have served people . I went to a Dads group in Washinton state , And there were a few that went pro se , And they won after a few tries , If  this has been an issue I would file ! I will file In hopes that she screws up !! And doesn't show or something then I will file a default order , I have filed a few things My self . And My atty's best advice is this " you can go to the court and watch a few hearings , " I did ,And I have represented My self On  different issues , The main thing I learned is the  court won;t even want to hear a bunch of other issues , Just the facts pertaining to the case that is filed ,

[MixedBag]

You did the right thing by documenting where you were.

Police have their hands somewhat tied because they enforce CRIMINAL codes and laws, not civil (family court) laws.

I too would agree that after once, you don't go running to the court and file contempt.  At the same time, you gotta figure out when you've reached your limit and go ahead and file.

Only you have the answer for that.

[LizaLou1]

Not disagreeing with other 2 posters at all, I wanted to share this info.

DH's ex arranged for SS to arrive 2 days late and leave 1 days early (they live in another state) for a visitation.  DH filed contempt and Mom went to Jail for 10 days.  But, this was her 5th contempt ( a 1 episode judgement then a 3 episode judgement lumped into a single hearing).  The judge told her if she interfered again she would go to jail.  He didn't care that she only blocked part of the visit and sent her to jail.

LizaLou

[Davy]

Hey Mixed !

"Police have their hands somewhat tied because they enforce CRIMINAL codes and laws, not civil (family court) laws."

We've been down this road numerous times.  The Criminal Custodial Interference statues (thru 2003) are posted by state in the SPARCE articles and interference with the so called "visitation period" are clearly addressed.  We should have NO TOLERANCE for the EXPLOITATION of children in keeping with the all the efforts that of the authors of these statues which was caused by the tears and blood of EXPLOITED children.  

The court system has created a vehicle known as a Contempt action which is treated as a Gee Whiz Golly notice to the court so attorneys and the courts can line their pockets while creating more adversary.
These matters are 'civil' in name only.

My advice is to Gee Whiz Jolly notice the court pro se' until their foolish biases and prejudices are clearly exposed and pray the children will no longer suffer.  

A cat stops purring when it's head is stuck in a can.

[starbud99]

well we filed the contempt since the was the 5th time, and we have proof of every time.

since this is such a small court, we got a letter today saying that the motion was denied because there is no order for - easter. which is untrue. Easter was ordered in after we went to the mediatior. This is all BULL SH#$. All for nothing. and I cant afford a lawyer, pay too much in CS. and Taxes.

[starbud99]

starbud99 Thu Apr-07-05 02:59 AM
Member since Apr 06th 2005
2 posts    
 
#2854, "RE: Is this Contempt of Court?"
In response to Reply # 1


           well we filed the contempt since the was the 5th time, and we have proof of every time.

since this is such a small court, we got a letter today saying that the motion was denied because there is no order for - easter. which is untrue. Easter was ordered in after we went to the mediatior. This is all BULL SH#$. All for nothing. and I cant afford a lawyer, pay too much in CS. and Taxes.

 
 
 

[gipsy]

The questions asked of me By My atty's  legal aid ,
  " do you have a court order signed by a judge and filed with the court "?
  If  answere is yes  "file contempt" So Maybe you go to the court with the signed filed court order and very nicely ask to talk to a judge , or commissioner ,And show them the order , One of my atty's tricks he tells us is to be very nice and play the victim , Why? you may ask ?He say's " what do people  or you do when they see that someone has been wronged ? they want to help " So My input is if this is five documented contempts ,go to the court ,Call first , with the current order And the documentation . And ask around a bit , Be very nice and Hurt , And say this is hurting my children they want to come over , And  words from My atty, Were something like this < " Mr williams wants the court to order  a regular visitaion schedual "  Because while in the control of " The mother " This is not occurring  " Try to get the order filed and be oh so nice ,
  Secondly maybe the issue is, the court or whomever it is that reviews may not have the current order, SO See if you can talk to whom ever reviewed your file and show them the order ! DON't Argue just say maybe someone over looked this part right here , , Third, maybe As My atty said When you file pro se , " it may take a few tries to get it right " But after a few of them " the court starts to wonder why you keep trying " And they will make a finding of contempt "
  Also In Washington , Pierce county, Again My good atty . Before I hired him < told me go to the court and get the CD Of the Hearing " When you get a hearing ! And listen to it < " You will gain a bunch more info out of it and can go to court for the next one 'And do better . " Maybe the commissioner was just asking for something you didn't have
   So I did And from that CD of the hearing learned that I need to fire attorney #2 And hire the good atty < #2 was A dip , And What My good atty was telling me was true , the commissioner was just asking for a piece of the info < And it was Not present <
  I had a different  situation with another Issue I had to go to court over and went pro se and won , Against the state prosecuter . On a really stupid issue . And the state Intentionally did not give me notice in time  for me to respond in time , So I called the  Judge and told her . She said Ok you can contest the case just send me the prosecuter's dated mail , and I did < I also won , It was about a fine haveing to do with construction , But My point is , I was nice and stated the facts And the judge listened and ruled in My favor ,  I Know it seems like there are all these road blocks , And many times seems like you lost before you started , Another Thing is call like ten atty's and ask them what they think , Just say you are broke and going pro se , And I know becuase the third atty I hired would give you the answer over the phone < I know this Because My good atty , And one other atty I hired after him for a separate issue , Some atty's will Talk to you over the phone and give you the Info you need , So thats 2 of four atty's that I know are cool , My 3rd And good atty filed contempt for my cousin pro se For free In like five minutes , And sent My cousin off to do it him self ,  Call a bunch of attys and have the responce case number , And other court filed! documents and a pen and paper ready , I Have had some free help from these two decent atty's , But !!! they are not into repeating them selves a bunch for free, You answer may be very simple ,
     And what ever you do don't just give up !!! . If this one doesn't work then I have a suspicion you will have learned that , When you file , The court order has to be signed and filed < So you learned lesson #1 ,  TRY AGAIN NEXT TIME ! be determined I was and it is getting better and she does not miss any visits ,or heres another idea , File for a  Modification of the parenting plan < Stating the issue and ask that you pick the kids up at school so she can't do this again !

[4honor]

if not, do it. If it has, then appeal, as the denial is based on a faulty finding... send a copy of the signed order with the court's stamp on it.

Also, did you send a file copy and a bench copy to the court, as well as one to the ex and one for your records? IN our area the judge will not even look at you if there is no bench copy.