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Contempt????

Started by 1angrystepmom, Jan 04, 2004, 06:33:15 AM

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1angrystepmom

Dear Soc,
     FIRST of all, I hope you had a WONDERFUL Holiday!!  
     
     Now, for the questions....  DH and BM had a hearing on Oct 13, where the Judge nearly changed custody (BIG deal, since we are in FL, BM and SD are in CA)  Judge basicly told BM if she messes up ONE MORE TIME, custody will be changed.

     The order states "Mother shall enroll in  and successfully complete a parenting course of at least a 6 week duration and provide verification of completion of the program to the other parent.  Proof of completion shall be provided tothe other parent (DH) by 12/31/03."

     Well.... yesterday, we received a letter from the BM's parenting class people, that her course will be completed on 1/27/04.  SHe has had since OCTOBER, and didnt' even enroll until December!!  

     Also BM was ordered to seek counseling for a minimum of 6mos for SD.  Which she has YET to do.  

     Questions:

     1) How would a Judge view the blatant disregard for his order?  BM has had ample time to find and complete the parenting classes, AND to find counseling for the child.

     2) Is this petty BS, or is it something that needs to be addressed, through the courts since BM will NOT even speak to DH!!  **The counseling IMO is a BIGGIE.  

Thank you for your guidance as always!!  You are the GREATEST!!

Amber

patton

Judges DO NOT like having their orders disobeyed for any reason.

Last time I filed Contempts BM got slapped with 5 years probation, my attorney fees, and several minor items that were addressed.   BM had been ordered the year before to take a parenting class by the same Judge and didn't.  She had 90 days to do it.

Judge TOLD her you have 30 days to take this course  and I better NOT see you back in my court for CONTEMPT again, or you will go to jail and be fined.

But again, it's at the Judge's discretion, where as the BM at least is showing she is taking the course.

The counceling issue I would think is major CONTEMPT if the same Judge ordered it.

Good Luck!

socrateaser

Force the judge to abide by his/her own words -- file for contempt.

:)