I filed contempt, now she filed restraining order.

[mustrelax]

This is in MA

My decree states that I have visitation on Wed, Fri-Sat P.M. of every week.  I filled out forms for CS mod. due to her not reporting a 40k/yr personal training business.  Dept. of Revenue agreed with me and sent a letter to this situation to myself and to her. We received this letter this week. She went nuts.  Court date still to be set.

So, she continues to deny visitation.  Had phones shut off.  Kids IM on internet shut down.  Threats to move her to another state with kids (against decree).

I filed a contempt of court motion a week ago.  Reason was she has violated the divorce/visitation decree 17 times since the Holiday's.  Rec'd clerks summons today and was ready to send to constable for serving tommorrow.  Court date is 3/13.  I was going to send in the summons to the constable for serving this afternoon.  Good thing I did not.  Police informed me that if I did, I was violating the order since it was time stamped at 12:07p.m. today.  Could have been locked up for months.  She would have been served and I would have been in violation due to contact.

Will my Contempt Summons help me in this RO trial?  She states the children are afraid of me.  One wants to live with me, the other is always upset at me because I limit his time on the internet, etc....

I guess I need a lawyer now.  Not sure what that will cost.  Any advice?

Thanks,

MR

[dearsirena]

the other party in divorce/custody.  Most judges see right through this behavior but you need to make sure you document everything!  You'll need to answer each of her complaints in the R.O. and bring everything you can to court to dispute it.  YES, I do believe the contempt filing will help but my guess (only a guess!) is that the judge will grant a temporary R.O. pending the outcome of the contempt hearing but with provisions that follow the current C.O. with her being told that you can see your children on the court ordered dates.  It appears that she won't follow the R.O. rules if this does transpire as her history speaks volumes.

I definitely would spend $$ for a consult but beware a $200 consult fee can turn in to thousands in the blink of an eye.  I would continue with the contempt if you have sufficient data.  However, be prepared for her to get slapped on the hands and told to let you see the children and perhaps even order a court appointed GAL or counselling for the parties and/or children.

We have the ex-wife from hell and have spent over 200K in lawyer fees (this does not include our travel costs to the children's home state each time which would tack on an additional 50K).  In the end she was admonished for having PAS which was documented in my DH's new Order, Ordered to have the children talk to DH 3X/week, Ordered to counselling 2X/week, PB was Ordered to PAS counselling and Ordered to pay fines each time she refuses visitation, the phone calls, etc.

Guess what???  Two days after the final hearing it all started again.  We were exhausted after 8 years of this crap and didn't have the fight in us.  We can't keep flying to her home state everytime she violates something where she gets a $500/fine.  Big whooooop!!  It costs us $2-3K in airfare, hotes, rental cars, etc. and we're just spent.  We have everything documented included all transcripts from the last 8 years so one day we'll show the children how we fought for them and what the TRUTH is.

I wish you the best of luck but my greatest advice is to get the judge to write in SANCTIONS ($$$) for every violation.  Often times these women/men get hit hardest when it affects their pocketbooks.

One more thing.....as far as the children and not wanting to visit, internet limitations, etc. most Judges like seeing one of the parents actually parenting and this can go against your ex.  Make sure you bring up that there was never a R.O. until she got all pissy and vindictive.

Ughhh, sorry to you.

Sirena

[gipsy]

You may need an atty , But It is my expierience in Wash state : that the RO will be heard in a different court than the contempt, and the left hand doesn't know the right hand , You may want to post on socrateasers board ,


 However the contempt will be a slap on the hand , But don't back out of it because it will cost her atty fee's or she will have to take the day off and show up at court , She will have to be legally served , And you will be likely to need that done through an atty ,
   Next because of the Ro you may think about asking about modifying the parenting plan , Because now there has to be an arrangment to pick up the kids . Where as you can't communicate with her ,
  So If you go to hire an atty Make sure you interview many and get the one that has plain answers to your questions . And tells you what will be filed in response to deal with this stuff ,
   My psycho tried a number of things , But What may work is if she has to consult an atty and the attywill wonder why  she is with holding visits , And the atty won't be likely to tell her to violate a court order ,

[debid13065]

What county in MA?  Keep filing the denial of visitation letters every single time she denys.  Try and get a police report stating you have custody at this time and she is denying it.  It does work!  X is still trying to deny visits but with the transfers at the Police station, reports are filed right then an there.  Document everything.....it's exhausting...but it pays off in the long run.  Keep us posted.