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Wording help please

Started by wysiwyg, Oct 14, 2005, 11:39:59 AM

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wysiwyg

IN.

Court entered an order 9/03 ordering parents to mediation for 2 year. BM Refuses to continue with Mediation, for year prior to 9/03.  

Mediator has sent her letters telling her to pick a time and communicate that to him to set up an appointment.  (court order states Dr.  XXX shall act as a quasi¬judicial officer and shall have limited immunity.).

BM still refuses to abide by the above, BF entered a Petition to extend the period of services and order BM into mediation within 7 days, Petition granted and ordered by the court.

BM still refuses, Mediator wanted to give her additional week  to assure that nothing crossed int he mail, Mediator sent another letter to BM, her attorney and BF stating that she failed to abide by the last court order.

Writing a contempt motion now.

1.  Can I ask for contempt charges based on all three issues above?

2.  How would I word the end of the Petition asking that the judge find her in contempt based on the letters (which will be attached to the petition) of noncompliance of the court ordered mediator?

3. Since I am acting as my own attorney, how can I ask for repercussions and what can I ask the court to sanction her with?

4.  Is it proper to add to the petition that the judge should take judicial note that the BM was previsouly sanctioned by him for failure to turn over information under a compel order?

5.  Can I add that if the judge decides in the alternative to set the Petition for a hearing that BF then would like to ask the court for all relief from attorney's fees as BF then would hire an attorney for representation in court.  (or something tothat effect)

Thanks in advance as always.

socrateaser

>1.  Can I ask for contempt charges based on all three issues
>above?

I can't tell. You need to be very precise with your charges.

What is the exact text of the court order that you believe has been violated, and EXACTLY how was the order violated? You should be able to explain both the order and the violation in two sentences. If you can't, you probably won't be able to obtain a contempt order.

If there's more than one violation, you need to be equally succinct for each count.

Also, I thought IN had form pleadings, but maybe not. And, I don't know if a contempt action in your jurisdiction is in the form of a motion, an Order to Show Cause, or a Petition, so I can't really advise you here, unless you know for sure in what form the court expects to see the contempt pleading.

wysiwyg

Might I send a draft your way for Quick review - critique?  I am afraid that the x trolls the boards and this is too specific.

Thanks.


wysiwyg

I understand, thank you for replying.