How to handle contempt charges

[sd97]

Divorced 3 years back . Live in Atl, GA.  Two kids ages 6,9 with joint custody. There is a vague clause in decree about makeup for lost weekend.  Mom claimed recent weekend was her's; I said mine. Mom pre-empted child from school before recess. Other child was at my home sick. Mom called cops but they couldnt resolve. Mom filed contempt.  Courier has been attempting to deliver papers at my workplace, but I avoided friday. I need to look for an attorney monday.  How long does contempt come up for hearing? Should I file reverse contempt for losing one child that weekend? Can I use court appearance to settle other grey violations by mom during past 3 years that cost me attorney fee to resolve with her? I have excellent extensive emails records since day one. In summary, how should one handle a contempt hearing? Will I be liable for her attorney expenses? She still has the same expensive attorney. I plan to look for a affordable one now.  

[socrateaser]

You're not following the mandatory forum guidelines for posting. Your question is short, so I'll respond this time, but if you don't follow the rules in the future, you won't get any response.

I need specific facts related to your case in order to give you any decent feedback. What EXACTLY (word for word) does the motion/petition for contempt allege?

And, BTW, how do you know that there is a contempt action filed against you if you haven't been served with the notice to appear?

[sd97]

Dear Soc,
1. I was too hungup on brevity. Was my first post. Sorry about not knowing guidelines. I appreciate your patience shown. Here are facts followed by questions.

2. There is an ambiguous / botched clause in decree about compensating parent who loses scheduled visitation due to holiday vistation taking precedence. When ex lost weekends during thanksgiving and spring break, she exercised clause and I agreed without any fuss.

3. I wanted to exercise clause for losing mother's day weekend (which takes precedence for mom). Mom fought vigorosly in emails and finally said OK (to compensate) upon her attorney's advice.

4. In august, I cited another lost weekend. This time ex refused to budge, resulting in above incident. Cops tried to interpret the clause and gave up. I had my company lawyer look at it for me, and she had interpretation from her attorney. Ex told cops she was going to file contempt.

5. I have exactly same grounds to file contempt because she kept one child. But I am afraid something as silly might aggravate the judge.

6. After May incident, I offered that we mutually agree to delete that clause entirely and only adapt scheduled and holiday visitations. Ex refused. All this only thru emails.

7. Courier came yesterday 3 times with papers. I avoided till I can find an attorney next week. I did not accept becasue I am afraid the clock might start ticking to respond. Here again, the advise came from my company lawyer.

8. Pl. let me know if I should reproduce the clause itself verbatim.  My ex's attorney's typist made a mess of it. I simply went with the spirit of the clause, till now. To me, the spirit of the clause is not to cause prolonged separation between parent and children due to holiday schedules that are alternated each year.


Questions:
1. Am I inviting trouble by delaying delivery of the papers? I ask because of the very busy work week I anticipate next week. At best, I may finalize attorney by phone and set up an appointment for later.

2. Is there anything I should do to buy myself some time and deal with other outstanding issues comprehensively during a single audience with the judge?

3. I know for sure this will take us in front of the judge for the very first time because both parties feel strongly about their interpretation of the clause drawn up during out-of-court settlement in august 2001.

4. If it is indeed a contempt action, what timeframes am I looking before  it comes up for hearing? Weeks? Months? Years?

Sincerely,
-- sd97.

[socrateaser]

You didn't answer any of my questions, rather you just danced around with a new version of your original post.

If you want my help, then you'll have to suck up the possibility that you may be in the wrong, and post the contempt allegations EXACTLY as they are written, which should include the court order that you are alleged to have violated.

[sd97]

3. VISITATION
........some text.....
(b) specific provisions

(1) Weekends
Husband shall have the right to have the two(2) minor children of the parties with him in his custody, care and control on the 1st, 3rd and 5th weekends of each month, beginning with the first such weekend following the execution of this Agreement. This visitation shall commence at the time school lets out on Thursday and shall continue until the beginning of school and/or daycare on Monday. For purposes of this Agreement, the (first)1st weekend of each month shall begin with the first Friday of that month.

(2) Week Day (omitted)

(3) Thanksgiving
During the children's Thanksgiving vacation from school, Wife shall have the right to have the minor children with her from the time school recesses until the time school resumes, at which time the Mother shall return the children to daycare or school, in all even numbered years. Husband shall have the right to have the minor children with him from the time school recesses until the time school resumes, at which time the Father shall return the children to daycare or school, in all odd numbered years. In the event the Thanksgiving weekend falls on a party's regularly scheduled weekend as set forth in paragraph 3(b)(1) above, then the party losing his or her weekend shall have the right to have the weekend immediately preceding or immediately following the Thanksgiving weekend.

(4) Winter Vacation
During the children's Christmas vacation from school during odd numbered years, Wife shall have the right to have the minor children with her from the time school recesses until 5:00 o'clock p.m on December 25th, and Husband shall have the right to have the minor children with him from 5:00 o'clock p.m on December 25th until the time school resumes. During even numbered years, the parties shall alternate their times with the children and Wife shall have the right to have the minor children with her from 5:00 o'clock p.m on December 25th until the time school resumes, and Husband shall have the right to have the minor children with him from the time school recesses until 5:00 p.m on December 25th.

(5) Mother's Day and Father's Day
Wife shall have the right to have the minor children with her for the Mother's Day weekend each year commencing at the time school recesses on the Friday immediately preceding Mother's day and continuing until the time school resumes. Husband shall have the right to have the minor children with him on Father's Day for the Father's Day weekend each year commencing at 6:00 o'clock p.m on the Friday immediately preceding Father's Day and continuing until the Monday following the weekend, at which time the Father shall return the children to daycare or school.

(6) Children's Birthdays. (omitted; not relevant)

(7) Summer Vacation
During the children's summer vacation from school, Husband and Wife shall equally divide the children's summer vacation from school. For purposes of this Agreement, the parties agree to attempt to equally divide the summer months. In the event the parties cannot agree, then Wife shall be entitled to have the children with her for the first half of the summer vacation and Husband shall have the right to have the children with him for the second half of summer vacation.

(8) Spring Vacation
During the minor children's spring vacation from school, Husband shall have the right to have the minor children with him during all even numbered years from the time school lets out until the time school resumes. Wife shall have the right to have the minor children with her during all odd numbered years from the time school lets out until the time school resumes.

(9) In the event one of the scheduled holiday visitation periods falls on date encompassing a part of the other party's scheduled visitation weekend, the scheduled holiday visitation shall take precedence, provided that if a holiday weekend falls on a weekend of non-scheduled visitation, that party not having the child on the holiday weekend shall have the right to have the child with him/her on the subsequent weekend and the aforementioned visitation schedule will resume thereafter.

Now My Alleged Violation:
1. By mutual agreement in Dec 2003, I got summer second half ending sunday, aug 9th, 2004.  

2. I and my attorney applied cluase (9) and claimed weekend of august 13,14,15. Ex files contempt.

3. I had spring break 2004, april 2 (fri)  to 11 (sunday). Ex invoked clause (9). I gave her weekend of april 16,17,18.

4. I lost weekend of May 7,8,9 (mother's day). Asked ex for following weekend per clause (9). She protested vigorously that clause (9) does not apply. Finally she agreed one day before.

5. I made my postion about August weekend clear when ex first reminded me of spring break and clause (9) in Mar 2004. The showdown finally happened august 13th, after 4+ months.

6. I offered in May 2nd week that we delete clause (9) altogether in future. Ex rejected.

7. Do you anywhere read that clause (9) applies to Spring vacation but not for Summer vacation? My attorney applied the clause literally, and advised me about all three -- spring, mother's day and weekend following summer vacation.

-- sd97

[sd97]

Dear Soc,
should read ....
Now My Alleged Violation:
1. By mutual agreement in Dec 2003, EX GOT SUMMER SECOND HALF ENDING SUNDAY, AUG 9, 2004.

Children were with Mom july 1 to Aug 11.  By denying me weekend of aug 13,14,15, I am reduced to single weekend in august.

The whole point of clause (9) was to prevent visitation starvation. If it makes any difference, there was a long email chain father's day 2003, which she fought to deny me on grounds that there is no provision for her to be compensated for the lost weekend.  But she did finally agree.

-- sd97

[sd97]

3. VISITATION
........some text.....
(b) specific provisions

(1) Weekends
Husband shall have the right to have the two(2) minor children of the parties with him in his custody, care and control on the 1st, 3rd and 5th weekends of each month, beginning with the first such weekend following the execution of this Agreement. This visitation shall commence at the time school lets out on Thursday and shall continue until the beginning of school and/or daycare on Monday. For purposes of this Agreement, the (first)1st weekend of each month shall begin with the first Friday of that month.

(2) Week Day (omitted)

(3) Thanksgiving
During the children's Thanksgiving vacation from school, Wife shall have the right to have the minor children with her from the time school recesses until the time school resumes, at which time the Mother shall return the children to daycare or school, in all even numbered years. Husband shall have the right to have the minor children with him from the time school recesses until the time school resumes, at which time the Father shall return the children to daycare or school, in all odd numbered years. In the event the Thanksgiving weekend falls on a party's regularly scheduled weekend as set forth in paragraph 3(b)(1) above, then the party losing his or her weekend shall have the right to have the weekend immediately preceding or immediately following the Thanksgiving weekend.

(4) Winter Vacation
During the children's Christmas vacation from school during odd numbered years, Wife shall have the right to have the minor children with her from the time school recesses until 5:00 o'clock p.m on December 25th, and Husband shall have the right to have the minor children with him from 5:00 o'clock p.m on December 25th until the time school resumes. During even numbered years, the parties shall alternate their times with the children and Wife shall have the right to have the minor children with her from 5:00 o'clock p.m on December 25th until the time school resumes, and Husband shall have the right to have the minor children with him from the time school recesses until 5:00 p.m on December 25th.

(5) Mother's Day and Father's Day
Wife shall have the right to have the minor children with her for the Mother's Day weekend each year commencing at the time school recesses on the Friday immediately preceding Mother's day and continuing until the time school resumes. Husband shall have the right to have the minor children with him on Father's Day for the Father's Day weekend each year commencing at 6:00 o'clock p.m on the Friday immediately preceding Father's Day and continuing until the Monday following the weekend, at which time the Father shall return the children to daycare or school.

(6) Children's Birthdays. (omitted; not relevant)

(7) Summer Vacation
During the children's summer vacation from school, Husband and Wife shall equally divide the children's summer vacation from school. For purposes of this Agreement, the parties agree to attempt to equally divide the summer months. In the event the parties cannot agree, then Wife shall be entitled to have the children with her for the first half of the summer vacation and Husband shall have the right to have the children with him for the second half of summer vacation.

(8) Spring Vacation
During the minor children's spring vacation from school, Husband shall have the right to have the minor children with him during all even numbered years from the time school lets out until the time school resumes. Wife shall have the right to have the minor children with her during all odd numbered years from the time school lets out until the time school resumes.

(9) In the event one of the scheduled holiday visitation periods falls on date encompassing a part of the other party's scheduled visitation weekend, the scheduled holiday visitation shall take precedence, provided that if a holiday weekend falls on a weekend of non-scheduled visitation, that party not having the child on the holiday weekend shall have the right to have the child with him/her on the subsequent weekend and the aforementioned visitation schedule will resume thereafter.

Now My Alleged Violation:
1. By mutual agreement in Dec 2003, I got summer second half ending sunday, aug 9th, 2004.  

2. I and my attorney applied cluase (9) and claimed weekend of august 13,14,15. Ex files contempt.

3. I had spring break 2004, april 2 (fri)  to 11 (sunday). Ex invoked clause (9). I gave her weekend of april 16,17,18.

4. I lost weekend of May 7,8,9 (mother's day). Asked ex for following weekend per clause (9). She protested vigorously that clause (9) does not apply. Finally she agreed one day before.

5. I made my postion about August weekend clear when ex first reminded me of spring break and clause (9) in Mar 2004. The showdown finally happened august 13th, after 4+ months.

6. I offered in May 2nd week that we delete clause (9) altogether in future. Ex rejected.

7. Do you anywhere read that clause (9) applies to Spring vacation but not for Summer vacation? My attorney applied the clause literally, and advised me about all three -- spring, mother's day and weekend following summer vacation.

-- sd97

[sd97]

Dear Soc,
should read ....
Now My Alleged Violation:
1. By mutual agreement in Dec 2003, EX GOT SUMMER SECOND HALF ENDING SUNDAY, AUG 9, 2004.

Children were with Mom july 1 to Aug 11.  By denying me weekend of aug 13,14,15, I am reduced to single weekend in august.

The whole point of clause (9) was to prevent visitation starvation. If it makes any difference, there was a long email chain father's day 2003, which she fought to deny me on grounds that there is no provision for her to be compensated for the lost weekend.  But she did finally agree.

-- sd97

[socrateaser]

It's really simple. In order to be found in contempt, you must willfully violate the order, i.e., you must act voluntarily, intentionally and affirmatively or with disregard, to knowingly violate the prior orders of the court.

In as much as you reasonably dispute the correct interpretation of the order, i.e., whether or not the weekend clause preempts Summer Vacation, the court can find that one interpretation is the correct one, and order that interpretation be applied going forward, but it cannot find you in contempt because of a good faith dispute over the construction of the court orders.

Therefore, as long as you can show a reasonable good faith dispute exists over the interpretation of the court order, there is no contempt.

I can't help thinking that you're leaving something out, because it seems nonsensical for your ex to file a contempt motion on the facts you present.

[sd97]

Dear SOC,
Thanx! I thought you wouldnt respond due to length of post. The only reason I stood ground is 'coz it determines the visitation pattern for next ten years. I give in, and I lose for good.

2. After 3 attempts at workplace, courier went home and dropped papers inside front door before my wife could say no. I found an attorney now; I am yet to get an appt. Are the papers assumed to be served?

3. Tacked on to this violation, ex listed sundry of charges allegedly happened since moveout. You saw the very good visitation. Ex wants that modified. For the record, I exercised every single day, and more, since sept 1, 2001. Also, CS was always paid 1st day of month 36 months straight.

4. There is so much documented evidence, I am afraid a jury trial may be in order. I myself am thinking Custody modfn. Visitation schedule is fine. I want kids for all days that mom is gone on biz trips. She wont give me that 'coz I overlooked that in the agreement.

5. There was a GAL team that evaluated both as perfectly equal parents. Is it possible to bring them back on a comprehensive contempt hearing like this?

Sincerely,
sd97