What proof do I need.

[Detter D]

History...divorced Jan..custody joint/legal  Just went to court about
contempts, but paperwork wasn't in order, so will try again.  


Going into court for 11 contempts on my ex.

I have tried reasoning with her, but she just says all these
things are just 'lies'...and I tell you today...everyone of these is the
truth, but I don't know how to prove it.

I know the judge is not going to listen to a bunch of peti things, but
I feel her goal is to austrosize me from my children.

She talks against me in front of the children (no recorded record)


Agreement:...laptop will go back and forth between homes..(she has
taken possession of this and I have never seen it back so the kids
can use it at my house)...says it is being repaired...asked for bill...no bill

Each of these (which I was won't list to bore you), are actions that
have been taken against the agreement.  She seems to do this at
will and am very frustrated, and decided to use the court.

1. Do I have to have tangible proof or what proof do I need?
 (no police record or anything)

Have to go pro-se....gone through thousands of dollars in lawyers fees, gal, etc...need all the help I can get...

[patton]

1. First off contempts are ONLY contempts if it is contempt of the court order, NOT some side agreeement.

2. You will need HARD or TANGIBLE evidence.

Examples would be:

Violation of visitation:
1. Copy of receipt you showed up
2. Notoratized statements from witnesses or witnesses themselves
3. Recorded phone conversations (if permissible in your state)
4. Be sure to get any doctor's statement's on denied visitation, where other party claims child was too ill to visit. (most of the time they are not that sick)

Violation of medical:
1. Notarized statement from Doctor's office or on their stationary, or they are witnesses in person
2. Copies of their office records if you have access.

All my contempts were for visitation, and I had signed statements, copies of receipts (gas bills, phone bills where I had called ahead of time, recorded phone conversations)


Remember IF it's NOT in the order it's going to be hard to prove it was deliberate contempt!

[Detter D]

Thanks Patton...

All the contempts have been written in the parenting agreement
which she is not complying to, but how do I show proof of the
laptop not coming back and forth between houses...I think she
pawned it.

Also she left messages on the phone calling me names and I could
hear the kids in the background...and no I didn't save it

I am sooooo frustrated...what is this parenting agreement and court
order stand for if she can do what she pleases to the detriment of
the childrens' father....

There are 11 contempts and each one of them are in the parenting
agreement court order.

[socrateaser]

>1. Do I have to have tangible proof or what proof do I need?
> (no police record or anything)

You have the burden of proving your case by a preponderance of the evidence. That means that it is more likely than not that your version of the facts is true. As far as proving any specific contempt, you will need to post the allegation, the court order that was violated, and the exactl nature of the evidence that you intend to offer as proof.

For the laptop, if you can prove that you are its lawful owner, and you have no more than a verbal agreement with the other parent, i.e., an agreement that the other parent cannot credibly prove, then you can demand the laptop's return immediately, and if it isn't returned, then you can call the police and report a theft.

Other than this, patton's post contains some good experiential info.

[Detter D]

Even though I can show documentation of Each contempt, will she still
be able to say 'they are lies like she did when I listed them and went to court only to be told the paper work was not in order and the Judge just
ruled on reduced child support (temporarily)

1.  Will this be just a conclusion of the judge on which one of us she
believes, even if I can show in documentation where each one of
these things were violated and point directly to the order.

[socrateaser]

>1.  Will this be just a conclusion of the judge on which one
>of us she
>believes, even if I can show in documentation where each one
>of
>these things were violated and point directly to the order.

The judge is the trier of facts. If you provide credible proof, you will win, otherwise not. You haven't provided me with anything that I requested, so I can't comment further about your chances.