Contempt of Court question

[flewwellin]

Okay little history before the questions... our court ordered visitation for this year is Thanksgiving with bm and christmas beginning on 26th with the kids father. (I'm stepmom) DH and BM had verbal agreement that thanksgiving she was going to be in town and we'd be able to have the kids for a couple days and we'd pick kids up on the 28th so they can go to Wisconsin to see step dad's family.  Well thanksgiving comes we call BM and ask if it's okay to come get kids.  BM changes her story and lies about what was agreed upon. DH tells BM she better be where we meet on the 26th of Dec cause he's going to be getting kids when the court says we can.  So BM says she won't be there.  I know she will be in contempt of court because she didn't follow thru with her verbal agreement.

My question....  What do we do when we get to the meeting spot if she doesn't show?  This is out of state.  NC holds jurisdiction and VA is meeting place.  BM lives in PA with kids.  

[charlie967]

I'm in Texas and I was told by my attorney that you can't hold them to a verbal agreement and can't file for contempt.  It sucks because she told you and you made plans but I was under the impression (at least from my attorney) that if you can't agree and someone goes back on their word then you have to fall back on what is in writting legally.  Like I said I'm in Texas so I don't know how it is in your state.  

Why can't people just honor their word?  Good luck to you.

[stepma]

I don't think you can do anything about Thanksgiving. But does she still have an atty maybe you could send a letter through her atty stating your concern about x-mas drop off before hand. Then file a report with the cops when she doesn't show. Also you could show up in her state when she doesn't show up at the meeting place and have the police help you get the children from her home. I know it might cost more money to drive all the way but you would get the kids for x-mas. Then go back to court with all of your proof and get a modification. I would try to make the Plan say you pick up from her house and at the end of the visit she picks up from your house. Good Luck :)

[MixedBag]

What's the arrangements for transportation and WHO has to pay for that?

When you don't get the kids on the 26th, you file a "MOtion to show Cause" with NC who has current jurisdiction.

You have a pm from me too.