Can you tell me...

[cmptrtechswife]

what papers need to be filed for issues such as contempt of court?
Is there specific paperwork or is it just include in an Order to Show Cause?

[socrateaser]

>what papers need to be filed for issues such as contempt of
>court?
>Is there specific paperwork or is it just include in an Order
>to Show Cause?

I don't answer bare legal procedure questions without case facts. Feel free to tell me the facts of your case, and maybe I can suggest a course of action.

[cmptrtechswife]

I am sorry that I was so generic...

New court order issued on 5/2 states that child shall be enrolled / participate in counseling. To date nothing has been done. Court order also states:

The parents shall have joint legal custody. Joint legal custody under this paragraph means both parents shall share the right and the responsibility to make decisions relating to the health, education, and welfare of the children. Specifically, both parents shall CONSULT with one another on sybstantial decisions relating to the non-emergency major medical care, dental, optometry, psychological and educational needs of the children.

If mutual agreement is not reached in the above areas, then either parent acting alone, may exercise legal control of the children.

Since the other parent was not acting to obey this order, we acted alone and made the necessary appointment for the child. Counselor wanted to consult other parent (which we encouraged) and upon doing so was informed by the parent that they did not consent to treatment and preferred another provider.

Since we do not care who sees the child as long as it is being done, we want to follow up with contempt of court charges because the parent has willfully refused to take child in for the care that is needed and court ordered.

[socrateaser]

>I am sorry that I was so generic...
>
>New court order issued on 5/2 states that child shall be
>enrolled / participate in counseling. To date nothing has been
>done. Court order also states:
>
>The parents shall have joint legal custody. Joint legal
>custody under this paragraph means both parents shall share
>the right and the responsibility to make decisions relating to
>the health, education, and welfare of the children.
>Specifically, both parents shall CONSULT with one another on
>sybstantial decisions relating to the non-emergency major
>medical care, dental, optometry, psychological and educational
>needs of the children.
>
>If mutual agreement is not reached in the above areas, then
>either parent acting alone, may exercise legal control of the
>children.
>
>Since the other parent was not acting to obey this order, we
>acted alone and made the necessary appointment for the child.
>Counselor wanted to consult other parent (which we encouraged)
>and upon doing so was informed by the parent that they did not
>consent to treatment and preferred another provider.
>
>Since we do not care who sees the child as long as it is being
>done, we want to follow up with contempt of court charges
>because the parent has willfully refused to take child in for
>the care that is needed and court ordered.

Contempt is the willful and conscious disregard of a valid, enforceable court order. The court order at issue states that the parents shall consult with one another regarding issues of the child's health and welfare, and if no agreement is made, then either parent may exercise legal control. Your facts suggest that you did consult with the other parent and they did not agree, which is exactly what is contemplated by the court order. Your recourse, therefore, is to obtain the necessary care for the child, and then request reimbursement from the other parent in accordance with the court orders concerning payment for healthcare costs.

There is no contempt, so you are wasting your time filing for a contempt order. All you can do is request that the court clarify the orders regarding the issue of counseling, so as to remove any doubt as to the parrent's rights and obligations, and then if the other parent fails to comply with those more specific court orders, then you can file for contempt.

I think you are probably better off just taking the child to counseling and then billing the other parent for the portion of the cost to which you are entitled, based on the apportionment stated in the current orders.