Do I push for Contempt?

[maxwell]

BM and I shared joint custody (alternating weeks) of my son since 1st temp hearing in June, 2003 (state of SC). Had 2nd temp hearing March 15th.  Her attorney was relieved as she would not cooperate with him nor pay him. I was awarded full custody of my son (now 1) with supervised visitation for mom.

(We also brought another motion 'to compel' as she ignored previous request for discovery and interrogatories.)  I brought evidence that she violated first temp hearing order by having her boyfriend stay over when my son was there. She denied to Judge this fact, then admitted it when confronted with affidavit from private investigator. She also waited 2 months to take drug test as ordered immediately from 1st hearing. She has ignored GAL's request to see her/child (since June) and not paid him the fees nor the initial. She also failed to keep the court, GAL and me of her frequent address changes, failed to properly medicate my son when needed, been evicted, etc.

Judge also reminded her of seriousness of Contempt violations and encouraged us to bring them before the court formally so they could be addressed (noting that we did not at the time). (BM has been threatened with Contempt in other custody cases in a different county so knows the system.)

I have not heard from BM since March 15th about the supervised visitation (Judge said we are to work it out due to the 2 hour travel time b/w us), nor has the court or the GAL.

1.  Should I press forward on the Contempt charges now or wait?

2.  She now has to pay me a small child support amount - which I know she will not. I guess this is yet another point I can bring up as for Contempt? Can I, and should I add it to the list?

3. Even if the Judge just warns her (again) of the outcome of Contempt, would this be benefical to me at the final hearing (i.e., having brought it forward and having the court address it)?

4.  As an overall strategy would you suggest waiting this out a bit so my son has more time with me (and the court is more unlikely to take him out of a good environment), or try to wrap it up asap? (or maybe you don't have enough facts)

As always I am appreciate of your help. This has been somewhat surreal but at least my son is in a stable, loving and safe environment all the time now. I just want to bring some finality to it all.

Max

[patton]

I waited to show a pattern before I filed CONTEMPT.  It was ALWAYS around holiday that the order was disobeyed.  Judge particularly didn't like her withholding time around Holiday times.

So I waited at least a year, to show the pattern.  Plus I had other issues that were addressed at the time also.

If you list your violations...do them in order of time and date:
ie.

Vio l. .  Party did take court ordered parenting class.
Vio 2    Party did not take court ordered drug test.
Vio 3    Party has not kept me and court informed of address
Vio 4    Party has not paid child support

I would add the child support as the VERY last thing.  Plus just how important are these CONTEMPTS.  Ask yourself these questions?

1. Are you being denied any rights as the sole custodial parent?
2. Does her taking a drug test have you concerned for some specific reason?  
3. Why did she get supervised visitation?  Has she actually tried to work out a schedule with you?
4. Has she had the BF over since the first issue was brought up?  You can't bring up contempts she's already been charged with once.
5. Is the Judge going to look at this as pettiness on your part at the final hearing?  Will he just think you are vindictive?

I would write down each violation she has actually done with the evidence you have to prove each one.  Then see HOW is actually affects the child.  The Judge doesn't usually particularly care how is affects you, but the child is the main concern.

Let us know your EXACT contempts, might help you decide IF you really have a CONTEMPT issue.

[maxwell]

Hm, I was just focussing more on general strategy.  I think may of your questions are answered in my original post.
The Judge herself noted the multiple [Contempt] violations (as I have noted) and warned BM, and also encouraged us to bring them up formally. She was not too happy with BM who continues to outright lie to everyone.  I assume her visitation was limited due to our concerns of her instability and possible drug use, as was the custody award to me.  Nor has she met with the GAL so he cannot report on her abilites, etc.
And she continues to ignore the court rules.

thx for the input.