final hearing set though defendant still not cooperating

[maxwell]

Soc,
  My final hearing is set in early July (SC). As a result of last temp hearing I have sole custody of my 16-month old son and BM has supervised visitation which she has not exercised. It appears her plan is to be "victimized" by all.  We also filed a "Rule to Show Cause" which will be heard by the same Judge the morning of the final hearing (4 contempt charges - several she has already admitted to: late for several drug screens, not meeting or paying GAL, ignoring some of the previous order regarding overnight guests, failure to pay child support).  She claims she has no money even though she is now living with a new boyfriend (GAL suspects drugs; she was late for both screens and her hair was chemically altered) and she won't even sign a release for the GAL to access her medical records (she also has 2 previous custody cases for other children). She has refused to see the Psychologist (as ordered) also. Her own attorney quit because she failed to follow his advice or pay him. This is ironically the same pattern from her other cases.

  I am hoping that the Judge will maintain this Order. I do not want to prevent her from having a relationship with our son, or him to see his half brothers, but she is very unstable (history of this in all aspects of her life including recent criminal activity).

1.  I have heard that the court does not like to have "contingencies" left over in final hearings -- e.g., she can have unsupervised visitation IF she meets with GAL and psychologist -- but is it likely they write an order such as this?

2.  Is it reasonable for us to argue that she must comply with everything from the previous orders (be evaluated by the GAL and Psychologist) before changing the circumstances?

3.  She has been held in Contempt in other cases (with just threats of jail, fines) and I suspect she doesn't care about this. The Contempt here is obvious but I suspect will not bode well for her to be heard (by the same judge) just before we start the final hearing?

thx,
m

[maxwell]

Soc,
  My final hearing is set in early July (SC). As a result of last temp hearing I have sole custody of my 16-month old son and BM has supervised visitation which she has not exercised. It appears her plan is to be "victimized" by all.  We also filed a "Rule to Show Cause" which will be heard by the same Judge the morning of the final hearing (4 contempt charges - several she has already admitted to: late for several drug screens, not meeting or paying GAL, ignoring some of the previous order regarding overnight guests, failure to pay child support).  She claims she has no money even though she is now living with a new boyfriend (GAL suspects drugs; she was late for both screens and her hair was chemically altered) and she won't even sign a release for the GAL to access her medical records (she also has 2 previous custody cases for other children). She has refused to see the Psychologist (as ordered) also. Her own attorney quit because she failed to follow his advice or pay him. This is ironically the same pattern from her other cases.

  I am hoping that the Judge will maintain this Order. I do not want to prevent her from having a relationship with our son, or him to see his half brothers, but she is very unstable (history of this in all aspects of her life including recent criminal activity).

1.  I have heard that the court does not like to have "contingencies" left over in final hearings -- e.g., she can have unsupervised visitation IF she meets with GAL and psychologist -- but is it likely they write an order such as this?

2.  Is it reasonable for us to argue that she must comply with everything from the previous orders (be evaluated by the GAL and Psychologist) before changing the circumstances?

3.  She has been held in Contempt in other cases (with just threats of jail, fines) and I suspect she doesn't care about this. The Contempt here is obvious but I suspect will not bode well for her to be heard (by the same judge) just before we start the final hearing?

thx,
m

[socrateaser]

>1.  I have heard that the court does not like to have
>"contingencies" left over in final hearings -- e.g., she can
>have unsupervised visitation IF she meets with GAL and
>psychologist -- but is it likely they write an order such as
>this?

I don't know your jurisdiction or the judge involved.


>2.  Is it reasonable for us to argue that she must comply with
>everything from the previous orders (be evaluated by the GAL
>and Psychologist) before changing the circumstances?

Yes, very.

>
>3.  She has been held in Contempt in other cases (with just
>threats of jail, fines) and I suspect she doesn't care about
>this. The Contempt here is obvious but I suspect will not bode
>well for her to be heard (by the same judge) just before we
>start the final hearing?

You worrying too much. You're gonna win the marbles.