Review of Motion for comtempt and to Clarify

[Windd]

Orders entered 7/15/2005 state:
   Parties Child (son) is to continue to be seen in counseling by B.Z ...  Son shall see no other therapist unless agreed to by the parties in writing or ordered by the court... Party then parenting shall be responsible for taking son to his weekend appointments.

During trial it was determined that Pre trail Judge ordered, 1/23/2004,  son to be seen by therapist B.Z twice per week with cost to be split 60% father and 40% mother. During trial in April 2005 it was revealed that Mother took son 2-3 times at the most during this 15 month period and failed to even pay her portion of the fees; while father took child consistently every weekend. Judgment was entered for B.Z. for fees owed by mother.


Mother has taken child to see therapist (Jane Doe) on 8/02/2005 in blatant disregard to
court orders

Mother failed to call, cancel or reschedule Son' weekend appointment on 7/23/2005
with B.Z

Mother continues to willfully and blatantly defy court orders.


Court Orders entered 7/15/2005 state "Neither parent shall contact the other at work except for matters regarding the immediate care of the children.

Mother has contacted the father at work in clear violation and defiance of court orders

Wednesday 7/20/2005  @ 9:49 am she called to remind me of the Convention they had and to that I should call for her and tell B.Z not to expect Son for his appointment.

Thursday 7/21/2005 @ 3:33pm she called to tell me she picked up the kids from the summer program.

Friday 7/22/2005 @ 9:21am she call and left message to see if I got her message regarding son's appointment with B.Z.

Monday 8/01/2005 @ 9:24am

Tuesday 8/02/2005 @ 9:15am, 9:45am, 4:30pm called for trivial matters

Wednesday  8/03/05 @ 2:30pm and left message that she picked up kids from program

* Petitioner asks court to enforce appropriate remedies

* Petitioner asks to be awarded sole custody by the courts




Clarification of Court orders entered 7/15/2005:

Order states "The parties shall share equally all expenses for extracurricular activities, tutors, camps, after school programs, music lessons and mandatory school fees"

Summer program 2005 through XXXXX Children's Association; see attached pages describing program and activities.

-Father required to place children in summer program and would like for court to clarify if
  summer program would fall within above provision of court order.

- Judgment in case rendered 4/29/2005 at the conclusion of trial

Mother consistently failed to provide proof of income relative to the calculation of child support in order to continue to drag out case. (support based on approximate income)

Mother's work schedule was 10pm to 6:30am Friday night through Tuesday night.  Mother provided information to court 7/06/2005, after orders had been drafted, that her hours were changed and new hours are 11pm to 9:30 AM , Sunday night through Wednesday.

Mother contacted father 7/17/05 informing him that he was to keep children that night and needed to make his own arrangements for in the  morning as she does not get off  until 9:30am. Mother knew father started work at 8am.

Mother's change in hours has indicated her rejection of first right of refusal option

Petitioner prays that court does find XXXX Summer Program does fall within provision of court ordered aforementioned.

Mother has consistently pulled children from summer program in order to isolate them from associating with others. Pre trial judge previously ordered , 3/2004, children (ages 9 & 7) to be placed in school.


Socrateasor:

We are still within the 30-day period from date order entered until final order becomes final

1)   Is it prudent to rock boat before final order becomes final as I am certain there are things   
      mother would like changed also?

2)   Can motion for contempt be filed based on above information? Should I wait until 30 period is up? What remedies are normally asked for/should be asked for?

[socrateaser]

>We are still within the 30-day period from date order entered
>until final order becomes final
>
>1)   Is it prudent to rock boat before final order becomes final
>as I am certain there are things   
>      mother would like changed also?

If you both agree to changes then the court will not likely stand in your way. You're not rocking the boat if you're saving the court time.

>2)   Can motion for contempt be filed based on above
>information? Should I wait until 30 period is up? What
>remedies are normally asked for/should be asked for?

Read my recent thread with "ref" and do what I suggest there. You need to try to answer the question of proof first, before I get involved.