Are these contempt?

[DK]

BM and DH have 50/50 legal and physical custody.

1.  BM has listed her name only as legal guardian on forms for afterschool care, Spring Break Camp, Summer Camp, and extra curricular activites.  Is this comtempt?

2.  Step son take ADD medication.  BM took son to doctor and said he was tired.  BM had documentation and observations from the teacher and father emailed to her to give to doctor.  She did not give info from teacher and father to the doctor.  Because BM said son was tired doc changed med time to night, now med are not working.  Is she in comtempt for not giving info from teacher and father?

3.  BM is ordered to pay DH lawyer $695.00 and has not.  Is she in comtempt?

4.  If yes to any or all of the above, will a judge possibly change order to DH having final say on school and healthcare when BM and DH are not in agreement?

[socrateaser]

>BM and DH have 50/50 legal and physical custody.
>
>1.  BM has listed her name only as legal guardian on forms for
>afterschool care, Spring Break Camp, Summer Camp, and extra
>curricular activites.  Is this comtempt?

No, not unless the order specifically orders BM to list BF on such forms. However, if you request information from these sources or you request that they list you on the forms and they refuse after being provided with a copy of your custody orders, then that could be contempt by the service providers, themselves for acting as an agent of BM in violating your legal rights.

>
>2.  Step son take ADD medication.  BM took son to doctor and
>said he was tired.  BM had documentation and observations from
>the teacher and father emailed to her to give to doctor.  She
>did not give info from teacher and father to the doctor.
>Because BM said son was tired doc changed med time to night,
>now med are not working.  Is she in comtempt for not giving
>info from teacher and father?

No. However, this may be evidence to be used to help demonstrate BM's failure to act in the child's best interests, thereby permitting the court to find a change of circumstances and order a new custody hearing.

>
>3.  BM is ordered to pay DH lawyer $695.00 and has not.  Is
>she in comtempt?

If (1) the order to pay is entered in the court case file, and (2) BM has knowledge of the order to pay, and (3) she does not pay, then that is a prima facie case of contempt. However, it is an affirmative defense that a person does not have the ability to pay, and if she can prove this to the court's satisfaction, then she would not be held in contempt.

Inability to pay means, no reasonable means of raising the money, i.e., no borrowing power, no savings, no income, etc., other than what is required for the necessities of life (food, shelter and clothing).

>
>4.  If yes to any or all of the above, will a judge possibly
>change order to DH having final say on school and healthcare
>when BM and DH are not in agreement?

Maybe, but so far, your case is pretty thin, in my opinion. Courts can and do fall back on the legal theory of "di minimis non curat lex," or "the law does not deal in trifles." If you're going to court, make sure you have a big issue.

[DK]

That's what I thought.  Things just getting tiring after a while.

Thank you so much for your time.