Not following the divorce decree and contempt

[whippertizzy]

Dear Soc, I have a question about what happens when you don't follow the divorce decree.  My Sister and her ex have two children.  They have joint legal custody of the minor children.  

In the decree it specifically says :

Neither parent shall interfere with the right of the other, the children's grand parents, or other persons who play signifigant roles in the childrens life, to communicate in person, telephone or mail with the children, to exchange gifts, or to interact with the children for so long as it is in the best interest of the children to have that interaction with others.

The paternal grandmother is the two minor childrens babysitter when they are with their father.  The father works 12 hour days, so the the minor children are with their paternal grandmother for that time.  The Paternal grandmother is denying access to our family, specifically the Mother (my sister)  and my sisters mother (maternal grandparent)

1. Since the babysitter (paternal grandparent) is denying access, is that contempt?  The Father is well aware that it is going on.  He will scream to high heaven if he can't visit with his children on her week.

The decree states that if there should need to be any change or if a parent has a problem with the decree that they have to go to mediation.  The father is refusing to go to mediation.  The decree does not say what happens when one parent refuses to go to mediation.

2. What happens? Is that contempt? What should she do?

3.   My sister lives close enough that on the days that he works 12 hours that she could provide care for the minor children.  She wants the right of first refusal. Would the courts take into account the fathers 12 hour work schedule?

She is not trying to deny him access, she just feels that if she could provide the care for the minor children, she should be able to and not a grandparent.

4. The rights of a parent trump the rights of a grandparent, right?

Thank you for your time?

[socrateaser]

>1. Since the babysitter (paternal grandparent) is denying
>access, is that contempt?  The Father is well aware that it is
>going on.  He will scream to high heaven if he can't visit
>with his children on her week.

Your order is too vague to get a contempt citation. If you think your rights are being violated, then you need to ask the court for a more specific parenting plan.

>The decree states that if there should need to be any change
>or if a parent has a problem with the decree that they have to
>go to mediation.  The father is refusing to go to mediation.
>The decree does not say what happens when one parent refuses
>to go to mediation.

That would be contempt. Write the other parent and offer a list of mediators and tell him that if he doesn't pick one within 10 days and notify you, that you will assume that he accepts your choice, then choose a mediator, make an appointment, notify the other parent, and then if he doesn't show up, file a contempt motion.

>
>2. What happens? Is that contempt? What should she do?

See above.

>3.   My sister lives close enough that on the days that he
>works 12 hours that she could provide care for the minor
>children.  She wants the right of first refusal. Would the
>courts take into account the fathers 12 hour work schedule?

Maybe. Seems to me that you need a much more specific parenting plan, otherwise this will be a continual battle that will never end. That's what you should ask the court for.

>
>4. The rights of a parent trump the rights of a grandparent,
>right?

Generally speaking, yes.

[whippertizzy]

Thank you Soc, another question if you have the time.  I am a complete lay-person so sorry if this seems a little redundant.

>
>Neither parent shall interfere with the right of the other,
>the children's grand parents, or other persons who play
>signifigant roles in the childrens life, to communicate in
>person, telephone or mail with the children, to exchange
>gifts, or to interact with the children for so long as it is
>in the best interest of the children to have that interaction
>with others.

1. What is not specific about this paragraph?  

It was intended so both parents could have access to their children at any time no matter who had them.  The Father frequently visits the children at the mothers home on her week, and it used to work the same way for my sister until he got this new 12 hour day job.  The Paternal Grandmother hates my sister and will not allow her to even pick the children up when it is the specified time for my sister to pick them up according to the order.