What to ask for (contempt)

[crayiii]

My wife has been denying my phone calls.  I just got an email from her telling me that she isn't going to let me call on Saturdays because the court order doesn't say she has to (it does).  

Is this further proof of her denial?  

Is it worth anything in court?

I am putting together the papers to file.  The form asks for remedies.  All I want is for her to answer the phone and let me speak to our child.  What other remedies are there?  Can I ask for reimbursment of my travel expenses associated with filing the papers, going to court, etc.?

Can I serve her attorney or does it have to be served on her?

[socrateaser]

>My wife has been denying my phone calls.  I just got an email
>from her telling me that she isn't going to let me call on
>Saturdays because the court order doesn't say she has to (it
>does).  
>
>Is this further proof of her denial?  

If you can authenticate the email as what you purport it to be, then it goes to prove intent to violate the orders. It doesn't directly prove that the orders were in fact violated, however. But, you should be able to supply the missing evidence by showing your phone statement and all of the 1 minute phone calls.

Also, since she doesn't have to, and probably won't testify at a contempt hearing, if you can get the email into evidence, it will be impossible to rebut (unless she testifies).

>Is it worth anything in court?

If the email is stored as you received it, on a commercial server, such as yahoo.com, where you cannot possibly have modified its contents, then the email is very useful, assuming that you can prove that the sender's userid, is in fact your wife.

>I am putting together the papers to file.  The form asks for
>remedies.  All I want is for her to answer the phone and let
>me speak to our child.  What other remedies are there?  Can I
>ask for reimbursment of my travel expenses associated with
>filing the papers, going to court, etc.?

Always ask for more than you think you you can get. Definitely ask for costs of suit and reimbursement for lost wages or vacation/sick leave. Ask that the court accept the contempt as proof that the mother is affirmatively harming the child's interests, that this argues in favor of granting you primary custody, and that the court should give the matter serious consideration.

>Can I serve her attorney or does it have to be served on her?

I don't know about WA procedure for contempt. So, unless you find out for certain from some other source, serve her personally, and serve the lawyer a copy by mail.

[crayiii]

I faxed copies of the show cause to my wife's attorney yesterday and he called me this morning with my wife and he on speaker phone.

He was yelling saying how "f@!##ing sick of this case he is"  He said he was about 2 steps from withdrawing and letting us fight it out alone.  He then asked my wife about the extra things that I was doing such as purchasing plane tickets when it was her responsibility.  He then asked her why the hell she doesn't just pick the damn phone up and let me talk to my son.

He then asked if I still wanted to finish up the settlement or if I considered us back at square one.  I told him that I would be in town to have a judge sign the show cause and I would meet with him so we could both sign the papers.  He said fine and that the contempt hearing would just be handled as a seperate issues.

He then said that if "you guys don't stop the Bull@#$", he would notify the family court about the bankruptcy and put everything on hold until next Spring sometime.

Do you think this was a show they put on?

[socrateaser]

>Do you think this was a show they put on?

No, actually, I think the attorney is sick of the case. He had no good reason to put on a show for you. Furthermore, he has a duty to advance his client's interests, so he probably shouldn't have engaged in the theatrics at all. If he withdraws, you will have a big advantage, because the judge will be annoyed at your wife.

He may have told your wife, before the phone call, to not take anything that he says too seriously, because he's trying to get you to the bargaining table, but I don't see how anything he's doing actually advances her case, although I don't know what concessions you may have made since we've last discussed the actual stipulated judgment.

Anyway, you could just call the attorney, and tell him that you appreciate what he did during the phone call, and see how he responds.

I have dealth with this sort of situation before. Your wife is apparently a very difficult client (I'm being kind), and the attorney is worn out having his position being weakened by her behind the scenes power grabs.

[crayiii]

Since we last talked about details he (my wife's attorney) has actually agreed to more of what I am asking for.  The problem now is that she isn't following the order anyway...

[crayiii]

I told him that I appreciated what I thought I was trying to accomplish on the call and he laughed and asked "do you think she got the point?"

He said he would like it if I would stop by and we can both sign the papers so he could go on record that we have reached a settlement.  

He also told me that he completely understands if I feel I need to go through with the contempt.

[socrateaser]

>I told him that I appreciated what I thought I was trying to
>accomplish on the call and he laughed and asked "do you think
>she got the point?"
>
>He said he would like it if I would stop by and we can both
>sign the papers so he could go on record that we have reached
>a settlement.  
>
>He also told me that he completely understands if I feel I
>need to go through with the contempt.

LOL! He probably figures he'll get paid to represent her anyway, so it's just money, if she wants to be a pain.

[crayiii]

He told me that as soon as papers where signed, he was withdrawing.  His said (while on a different subject) "I'm certainly not making money on this case"