Bringing this up, and answering your question.............

[lissa68]

Melissa(lissa68)

Repost of your answer:


However, the third pleading is a motion by your opponent, and now you must "respond." I don't have time to do this for a couple of days, but I will get to it. In the meanwhile, I want you to think about why your opponent is saying that you have made a claim for which relief cannot be granted. Why is the relief being objected to? What are your legal grounds for a contempt motion, and for your other motion.

If you know the reason why you are right to file the motions in the first place, then you can respond in a lawyerlike fashion and the court will NOT dismiss your order to show cause.

When you have thought through your answer, post it. It will save both of us time.




Alright.  Background info,

Hubby, Pro-Se, Iowa District Court
Ex wife represented by attorney.

Your statement Soc:

"I want you to think about why your opponent is saying that you have made a claim for which relief cannot be granted. Why is the relief being objected to? What are your legal grounds for a contempt motion, and for your other motion. "
____________________________________________________________

My answer:

I am assuming it is because I have visitation denial listed on my original petition to modify custody and visitation, which is set to go to trial August 2004.  But, the Denials are still happeneing.  The other claim regarding the Contempt motion is also listed in the original petition to modify custody and visitation, but that too is still happening.

I on the first part of your statement, do not have an answer to that.  I believe that claim, which is intereference of court ordered visitation, it being interefered with, and asking that releif in the form of unsupervised visitation until trial be given to respondent is a claim that can be given relief for.  Although I may very well be wrong.

My legal grounds for a contempt motion is failure to follow the Orders of the court, willfully denying court ordered visitation, willfully interepretting the court order to benefit the Petitioner, i.e. (making up her own rules to suit herself), using child as a go between for things she needs to handle, basically allowing child all info to the case at hand.  And stating, "her lawyer said she could do all of this."


P.S.  I have another visit scheduled for tomorrow, and already ex is denying me in seeing our child, as it does not fit into her schedule, even though the court order states EOW Saturday with a begining date, and ifyou go by a calendar, its my weekend.

So, the denials continue, that is why the OSC and Contempt motion were filed, I am loosing out on time of spending with our child, it has now been 6 weeks, once again.


So, Soc, am I close?

I would still appreciate your help in writing my response to their motion to dismiss.  

Thanks for your help once again,  Lissa68

[socrateaser]

OK, please repost their motion to dismiss, so I have it up here in one place.

[lissa68]

Melissa(lissa68)

Iowa District Court

Respondent, Pro-SE
Ex is Respresented by Attorney


Motion to Dismiss:


 
   
           MOTION TO DISMISS/MOTION
           FOR JUDGMENT ON THE
           PLEADINGS - ORDER TO
           SHOW CAUSE
COMES NOW, the Petitioner, and, in this Motion to Dismiss/Motion for Judgment on the Pleadings-Order to Show Cause, states to the Court as follows:
1.        That on April 16, 2004, Respondent filed an Application for Contempt herein.
2.        That on or about April 16, 2004, Respondent filed an Amendment to his Petition for Modification of a Dissolution of Marriage Decree.
3.        That Respondent's Motion for Order to Show Cause is a duplicative pleading to documents already on file in this case.
4.        That said Motion for Order to Show Cause fails to state a claim upon which relief can be denied accordingly.
5.        That, alternatively, Petitioner is entitled to Motion for Judgment on this pleading for
the same reasons.
WHEREFORE, PETITIONER PRAYS, that Respondent's Order to Show Cause be dismissed at Respondent's costs;
PETITIONER FURTHER PRAYS that she have and be given such other and further relief as to the Court may be equitable in the premises.



Here you are Soc,  thank you very much for your assistance in this.

Was I close on my answering your questions? ;P

Lissa68

[lissa68]

Melissa(lissa68)

Did I post this wrong?

If so, here it is again,  thanks Soc.

IN THE DISTRICT COURT OF THE STATE OF IOWA
   
   
   
            MOTION TO DISMISS/  FOR JUDGMENT ON TH      PLEADINGS - ORDER TO
 SHOW CAUSE
COMES NOW, the Petitioner, and, in this Motion to Dismiss/Motion for Judgment on the Pleadings-Order to Show Cause, states to the Court as follows:
1.        That on April 16, 2004, Respondent filed an Application for Contempt herein.
2.        That on or about April 16, 2004, Respondent filed an Amendment to his Petition for Modification of a Dissolution of Marriage Decree.
3.        That Respondent's Motion for Order to Show Cause is a duplicative pleading to documents already on file in this case.
4.        That said Motion for Order to Show Cause fails to state a claim upon which relief can be denied accordingly.
5.        That, alternatively, Petitioner is entitled to Motion for Judgment on this pleading for
the same reasons.
WHEREFORE, PETITIONER PRAYS, that Respondent's Order to Show Cause be dismissed at Respondent's costs;
PETITIONER FURTHER PRAYS that she have and be given such other and further relief as to the Court may be equitable in the premises.

[socrateaser]

RESPONDENT'S RESPONSE TO PETITIONER'S MOTION TO DISMISS RESPONDENT'S ORDER TO SHOW CAUSE

Respondent, YOURNAME, pro se, hereby appears and responds to Petitioner's motion to dismiss Respondent's Order to Show Cause as follows:

1. Respondent has alleged facts that show a valid, enforceable court order against Petitioner exists, that Petitioner has knowledge of said order, and that Petitioner has willfully violated said order.

2. The requirements for a prima facie finding of contempt having been alleged, Petitioner's motion to dismiss is thus frivolous and without merit, and the court should therefore deny it, and proceed with a hearing on the merits of Respondent's allegations.

Dated this _____ day of _____, 2003


By: _______________
YOURNAME
Respondent, Pro se
STREET
CITY STATE, ZIP
CONTACTFONE

[END TEXT OF RESPONSE]

PS...that "comes now" crap is antique, so I don't use it. You may, if you prefer -- it has no substance to the court, either way.
 

[lissa68]

Melissa(lissa68)
Thanks once again for all your help.

Have a great day  ;)