Motion for Contempt (please review and advise)

[SM_in_FL]

Hi Soc,
Here's a Motion my husband plans on filing. Please tell me what you think:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

COMES NOW, Respondent, DH, and files this Motion for Contempt of Family Services Agreement and in support of same states the following:

1. The Petitioner has breached the agreement  for a psychological evaluation signed and agreed upon by both parties before General Master on the 3rd of March, 2004 as follows:
A) Petitioner and Respondent entered into an agreement on March 3rd, 2004, where the parties would share the cost of conducting a psychological evaluation on the Minor Child, SD, because of statements the child made which concerned the Respondent. (Please see exhibit "A")
B) Petitioner was advised of an appointment for a psychological evaluation set for Wednesday, the 31st of March, 2004.
C) Petitioner refused to allow the Respondent to exercise his visitation as scheduled on this date. (Please see exhibit "B")
D) As a result, the appointment was missed and rescheduled for April 7th, 2004. (Please see exhibit "C")
E) Petitioner also refused to allow Respondent to exercise his visitation time for most of the child's Spring Break.
F) The Respondent was unable to see the Minor Child, Shaday Nuñez, until Friday, the 3rd of April, 2004 in the afternoon. This after the Respondent resorted to legal intervention in order to see the child.
G) Therefore, the Respondent has missed a total of 72 hours of visitation time with the minor child.
H) On April 6th, 2004, the Respondent contacted the Petitioner to remind her of the upcoming appointment and her share of the fees.
I) The Petitioner responded by leaving a message on the Respondent's voicemail stating that she does not have a job to pay her share of the fees and even if she did, she would not pay it because she is not interested in having the child undergo a psychological evaluation.
J) This message has been recorded and documented. (Please see exhibit "D")
K) Therefore, the Petitioner is acting against the best interests of the child
L) Respondent has paid the full amount, including the Petitioner's share of the costs in order to have the evaluation performed on the minor child. (Please see exhibit "E")
M) Respondent has attempted to address these issues privately to no avail.

WHEREFORE, the undersigned moves this Court for an order granting:
1. A self executing order in which law enforcement officials are able to intervene on Respondent's behalf when the Petitioner refuses to allow visitation between father and child.
2.  Seventy-two hours of make up time with the Minor Child.
3. Sanctions from the Petitioner for each day denied in the amount of fifty dollars per day for a total amount of one hundred and fifty dollars. This request is made in the hopes that monetary loss will suffice as an incentive to allow the Respondent to exercise regular visitation.
4. Petitioner ordered to refund Respondent for her share of the costs of having the psychological evaluation conducted on the minor child in the amount of one-hundred dollars.
5. Reimbursement of all filing fees. (Please see exhibit "D")
6. Any other relief this court deems just and proper.
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Questions:
1) Ok, so what do you think? Is it ok?

2) Any suggestions?

3) Think he's being too harsh?
Thanks, Soc!
SM

[SM_in_FL]

:(

[socrateaser]

>Hi Soc,
>Here's a Motion my husband plans on filing. Please tell me
>what you think:
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>
>COMES NOW, Respondent, DH, and files this Motion for Contempt
>of Family Services Agreement and in support of same states the
>following:
>
>1. The Petitioner has breached the agreement  for a
>psychological evaluation signed and agreed upon by both
>parties before General Master on the 3rd of March, 2004 as
>follows:
>A) Petitioner and Respondent entered into an agreement on
>March 3rd, 2004, where the parties would share the cost of
>conducting a psychological evaluation on the Minor Child, SD,
>because of statements the child made which concerned the
>Respondent. (Please see exhibit "A")
>B) Petitioner was advised of an appointment for a
>psychological evaluation set for Wednesday, the 31st of March,
>2004.
>C) Petitioner refused to allow the Respondent to exercise his
>visitation as scheduled on this date. (Please see exhibit
>"B")
>D) As a result, the appointment was missed and rescheduled for
>April 7th, 2004. (Please see exhibit "C")
>E) Petitioner also refused to allow Respondent to exercise his
>visitation time for most of the child's Spring Break.
>F) The Respondent was unable to see the Minor Child, Shaday
>Nuñez, until Friday, the 3rd of April, 2004 in the afternoon.
>This after the Respondent resorted to legal intervention in
>order to see the child.
>G) Therefore, the Respondent has missed a total of 72 hours of
>visitation time with the minor child.
>H) On April 6th, 2004, the Respondent contacted the Petitioner
>to remind her of the upcoming appointment and her share of the
>fees.
>I) The Petitioner responded by leaving a message on the
>Respondent's voicemail stating that she does not have a job to
>pay her share of the fees and even if she did, she would not
>pay it because she is not interested in having the child
>undergo a psychological evaluation.
>J) This message has been recorded and documented. (Please see
>exhibit "D")
>K) Therefore, the Petitioner is acting against the best
>interests of the child
>L) Respondent has paid the full amount, including the
>Petitioner's share of the costs in order to have the
>evaluation performed on the minor child. (Please see exhibit
>"E")
>M) Respondent has attempted to address these issues privately
>to no avail.
>
>WHEREFORE, the undersigned moves this Court for an order
>granting:
>1. A self executing order in which law enforcement officials
>are able to intervene on Respondent's behalf when the
>Petitioner refuses to allow visitation between father and
>child.
>2.  Seventy-two hours of make up time with the Minor Child.
>3. Sanctions from the Petitioner for each day denied in the
>amount of fifty dollars per day for a total amount of one
>hundred and fifty dollars. This request is made in the hopes
>that monetary loss will suffice as an incentive to allow the
>Respondent to exercise regular visitation.
>4. Petitioner ordered to refund Respondent for her share of
>the costs of having the psychological evaluation conducted on
>the minor child in the amount of one-hundred dollars.
>5. Reimbursement of all filing fees. (Please see exhibit "D")
>6. Any other relief this court deems just and proper.
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
>
>Questions:
>1) Ok, so what do you think? Is it ok?

Well, it covers the info, but it's not in a typical format.

>
>2) Any suggestions?

You need to separate each contempt as a separate count. Like this:

Count One

1. The court order states that "Respondend should not steal fizzy lifting drink."

2. On ??/??/??, at 8AM, I saw Respondent open the fridge, remove a bottle of fizzy lifting drink, open it and take three swallows (see photo Exhibit #1, attached).

Count Two

Same routine.

Wherefore, etc.


Also, each separate act of contempt, such as multiple refusals to allow visitation, is a separate contempt, and thus a separate count with separate supporting facts, so you must list them separately, and prove them separately. This is assuming that you wish to get a ruling on every contempt.

>
>3) Think he's being too harsh?

It's a contempt motion. There is no such thing as too harsh.