Motion of contempt

[Noname]

Hi,
I'm looking for advice about what typically happens during a hearing on motion of contempt for denial of visitation.  DH and I had arguments with BM tonight and she typically denies visitation when she's unhappy with him/us.

DH has never filed a motion of contempt before (he hates confrontation and going to court just tears him up), and I'm trying to get some information about what will happen during the hearing.  Do people typically file these motions after just one denial of visitation?  What sort of things does the judge ask about during the hearing?  Is there any justification for denying visitation?  I know each state is different - we're in NH and I assume nobody on the board is familiar with their law - but I'd just like a general sense about what happens.  DH is terrified and I'm trying to gather info to reassure him.

Thanks!

[mistoffolees]

The biggest thing is that he'll need to present evidence that she denied visitation and that she had no right to do that (a copy of the decree is needed). Is there more evidence than his word? He'll need some witnesses to prove his case.

[Noname]

If I go with him and they don't come out would I count as a witness?  His next visit is tomorrow (Wed.) and I'd have to leave work early to be there.

[mistoffolees]

Depends on the judge. In most cases, you'd be accepted as a witness, but would not be considered as reliable as a third party.

[Giggles]

Prior to filing contempt.  It will also add to your documentation of denial.  First and formost you need to have or start compiling documentation of her denial of visitation.  What does the visitation order say?  Is it specific?  If it just states reasonable visitation then you got squat but if it is more specific then you might have a chance.

When she denies visitation send her a certified return receipt letter outlining the denied visitation and simply state in there (in a non-threatening way) that should visitation be denied again, court action may be necessary.  Also, state in there how important it is for the children to have this visitation and that denying it is not in their best interest!

Once you have a pattern of denied visits then your case is much stronger for a contempt.  Not sure about the judges up in NH, but from my experience, most BM's get a talking to and the judge makes them give "make up" time.  So pretty much a slap on the wrist.

Good Luck

[sweetpeas]

We are going through something similar, BM keeps violating the custody agreement.  This last incident she kept the kids during one of their week-long breaks, refused to allow them to go to their father's, even though it clearly stated on the custody agreement that it was his week.  Law enforcement was called, a report was taken.

The BM in this case has a history of violating court orders, and all along we have had to document every incident on police reports.  For more than two years, the reports went to the DA's office and nothing further happened.  I suppose the DA finally got sick of it, and she was arraigned last month for this latest violation.  Court trial should be occurring in the next couple of months, and I am not sure what the outcome will be.  I would think that even if the fine isn't large, and she doesn't face any jail time, she will probably be more cooperative in following the court orders after having to face the judge.  

The sad part in all of this is the kids are the ones who suffer.  They are dealing with psychological issues due to the constant chaos in their lives.  Their mother has told the kids after every violation that she's "not doing anything wrong" and she has to go to court because their father is "harrassing her."  He tries to explain that he HAS to get the courts involved to maintain his relationship with them, and he hates having to do that.  

My only suggestion is to document EVERYTHING.  Whether it's through e-mail, text message, anything, whatever you can use to prove you tried to do it first without the court's intervention.  If you can show she is willfully violating the custody agreement, and your husband tried to resolve it himself, it will make him look better in court.  (If it goes that far.)   Good luck with this, I hope it gets better for your family.  

[knoot7]

We are also going through the same thing. We came to get SS, was denied. Brought cops and witness. Local enforcement says can only write up a report can't press any charges, that had to be done through family court. Next day filed contempt of court and Custodial Interference. Our Attorney asked for us to "drop" the court date as the judge would just slap her hand since this was the first offense. We did as we were advised. If this happens multiple times, you continue to get police reports and file. Any times afterwards, get a police report and keep filing for custodial interference, this will add up and result in something from the judge stating for the parent to relinquish custody.

DH and BM have had 50/50 arragement for more than 10 years. DH had asked in a letter if he could have son for school week due to high absenteeism on BM's scheduled time. BM held son hostage. Custody papers and court orders help with proof of time, but in NYS the local law enforcement can only write a report and is not able to get completely get involved to allow for child to go with the other parent. My DH brought a witness who in turn video taped the incident and refusal as proof of refusal and avoid any he said she said claims.

[Noname]

Hi,
Thanks so much for all of your suggestions.  I really appreciate them.  She didn't deny him visitation yesterday - probably b/c there's something she wants from him and is waiting to see if he complies (won't happen unless she apologizes for some of her behavior in the past).

The cops here won't do anything about visitiation.  DH has gone to police station a few times and I guess they're polite but say they can't even enter anything in the log.  One cop gave him a long talk about how he should try for custody.  People have absolutely no idea how expensive it is to even fight for more visitation let alone a drawn-out custody battle.

Sorry to hear about some of your situations.  They sound even tougher than ours!

Thanks again for your help.  If she pulls a denial in the future we're going to try to find a third-party witness to go with him.