Set Visitation Question

[patton]

If your court specifically states NCP to have child from 6:00 PM Friday to 6:00 PM on Sunday and NCP does not show up by 6:00 PM, or call or anything, and also brings child back 7:00, 7:30, 8:00 PM.  Court order also states NCP must notify other parent if they are NOT exercising their visitation.

1. Is bringng the child back after 6:00  considered contempt in the eyes of the court?

2. Is not calling or notifying the CP considered contempt also?

3. Is this grounds for modification?

[socrateaser]

>1. Is bringng the child back after 6:00  considered contempt
>in the eyes of the court?

Contempt is the knowing and willful violation of a vaild, enforceable court order. If the defendant knows of the order, and the order is valid and enforceable, and the defendant is proved to have acted with disregard for the court order, then that is a prima facie case of contempt.

The usual defense to contempt is to prove "inability to comply" with the court order. So, for example, if the other parent claims a mechanical breakdown of their vehicle prevented return of the child at the required time, then that would be a satisfactory defense, assuming that the court accepted the proof.

It's really all about proof.

>
>2. Is not calling or notifying the CP considered contempt
>also?

Same answer.

>
>3. Is this grounds for modification?

Modification requires proof of a substantial change in circumstances affecting the child's best interests. A parent who routinely violates the court orders re custody, could be found to have created such a circumstance, assuming that the court also finds that the violations substantially effect the children't best interests. It's a judgment call, all the way.

However, there is also the doctrine of "di minimis non curat lex," which means, "The law does not deal in trifles." This gives a court discretion to ignore that which it considers immaterial, which on your facts could be your entire case, unless you can prove that the other parent regularly and routinely violates the court orders, and that the violations are intended to vex and harrass your ability to reasonably exercise custody over your child(ren).

Bottom line: Don't go to court until you have a big problem, because the smaller the problem, the worse your chances of prevailing.

[patton]

Would a "big problem" be not returning the child so the child could attend school?  

This has happened twice now, where the NCP knowingly kept child, knowing the child had school. NCP claims no gas to return child, but manages to bring child next day home.

School also reports this to the TEA (Texas Education Board).

Would not calling or letting the other party know they are not showing up for visitation?

Court order specifically states they are to let other party know in a timely manner. Completely missed 7 of 26 visitations in a year with no notification what so ever.

[socrateaser]

>Would a "big problem" be not returning the child so the child
>could attend school?  

OK, let's suppose the NCP lies and says that he/she returned the child to you, and after that, he/she has no idea of what happened.

Can you prove your case? Or, will you use the "Liar, liar, pants on fire, argument?" I'm serious, you have to consider the quality of your proof, before basing your case on it.

>Would not calling or letting the other party know they are not
>showing up for visitation?

Yes, if were regular and routine and you can prove it. But, I don't see how you're gonna do that, unless the other parent says, "Yes, your honor, I did it."