Re: Teenage Boys - Contempt of Court

[SFMedic]

Dear Soc,

I have an upcoming court date for a Contempt of Court motion, regarding denial of visitation from the Mother.  This has been going on since July 31, 2005, the case is scheduled for a 1hr block of time.  Mother / Kids lives in WV and I reside in MD, court hearing is in MD.  
Both of us so far has been Pro Se, unless the Mother show's up this time with an attorney.

Children, both boys, are now 14 and just recently 16, as of Dec 4th last year.

On Dec 7, 2005, we attended a pre-trial conference, where we were scheduled for our Jan 20, 2006 hearing, for the 1st Contempt motion, and was also told to have any amendments or pleadings filed no later than 3 Jan 06.  

I contacted the court house today, and was informed they received as of today, a letter from the Mother, requesting a telephone conference during the court trial for one of her witnesses (WV Social Worker).

This Social Worker from WV will be testifying for the Mother, to provide I guess (for lack of a better term) explanations as to why the Mother continues to deny my scheduled visitation.

This same Social Worker was suppose to submit a written report for the Nov 18, 2005 hearing regarding a temporary protective order, which was dismissed due to "insufficient evidence".

The findings from the MD case worker was, there was no basis for the complaint, and feels this is nothing more than a discipline issue, I'm strict and the Mother let's them do whatever they want.  The MD Case Worker will be testifying on my behalf, he actually offered and approached me about this during our pre-trial conference.

There has "never" been an issue or documented report of abuse, the Mother is using this as a means to interrupt, if not, stop my visitation.

On Dec 27, 2005, I filed another Contempt of Court motion, 3rd motion filed, since Oct 11th, regarding denial of visitation for the Thanksgiving and Christmas holiday

1.  Question:  Given the fact that the issues of visitation is taking place in MD, would the WV Social Worker have any jurisdiction regarding the issues surrounding the Contempt of Court motion?  

2.  Question:  I was also told by the court house, a Judge is reviewing the case file as we speak.  Should the Judge allow this phone conference as a witness and evidence, how would I best approach this, isn't this something I could "object" to during the court date?

3.  Question:  Even though the Nov 18th temporary protective order was dismissed, to date, I never received a written report, neither has the court house, I've periodically reviewed the case file.  Is this something I should persue through the Mother / Social Services, or do I just wait until the court date and see what the Judge has decided?  

4.  Question:  I was under the impression both parties were to notify each other in advance as to who their potential witness will be?  Is this something that is not strictly adhered to by the Judge, because of being Pro Se?

5.  Question:  During the Dec 7th pre-trial conference, the Mother was warned of sanctions being brought against her, should she continue denying my visitation (believe it when I hear it) in my Contempt motion, I've requested a reversal of custody, knowing it's a long shot, what other "sanctions" could I request, if I'm asked by the Judge as an alternative?

thanks...

[socrateaser]

>1.  Question:  Given the fact that the issues of visitation is
>taking place in MD, would the WV Social Worker have any
>jurisdiction regarding the issues surrounding the Contempt of
>Court motion?  

I would file a written motion to supress the testimony of the social worker unless that witness appears in person at trial, on grounds that it is not fair for you to be forced to cross examine an adverse witness over the phone where the court cannot assess the witness' visual demeanor and credibility, and where the witness cannot be subject to the court's contempt powers if he/she refuses to answer or misleads the court in some way.

This is not a civil action, it is for criminal contempt and all the witnesses should be in the courtroom, not hiding in a different jurisdiction.

>2.  Question:  I was also told by the court house, a Judge is
>reviewing the case file as we speak.  Should the Judge allow
>this phone conference as a witness and evidence, how would I
>best approach this, isn't this something I could "object" to
>during the court date?

See above.

>
>3.  Question:  Even though the Nov 18th temporary protective
>order was dismissed, to date, I never received a written
>report, neither has the court house, I've periodically
>reviewed the case file.  Is this something I should persue
>through the Mother / Social Services, or do I just wait until
>the court date and see what the Judge has decided?  

Nope. If it was dismissed, the dismissal should be in the court records, and you can therefore refer to it by number and produce a copy if necessary at trial. The other parent cannot defend the contempt on grounds that you were subjected to a temporary order that was dismissed. The dismissal demonstrates that insufficient grounds were available to demonstrate that you were any danger to the child, so if anything the dismissal helps you and hurts your ex.

Her only defense to witholding visitation is proof that you are an imminent danger to the child. Otherwise, she should have filed a motion to modify visitation so that she wouldn't need to violate the court orders.


>4.  Question:  I was under the impression both parties were to
>notify each other in advance as to who their potential witness
>will be?  Is this something that is not strictly adhered to by
>the Judge, because of being Pro Se?

Probably not, but you can definitely object to any witness offerred by the other parent to advance her defense as not discovered prior to trial and ask for either a continuance plus costs for your wasted time while you prepare to meet the witness' testimony, or ask that the court refuse to allow the testimony as a discover sanction.

>5.  Question:  During the Dec 7th pre-trial conference, the
>Mother was warned of sanctions being brought against her,
>should she continue denying my visitation (believe it when I
>hear it) in my Contempt motion, I've requested a reversal of
>custody, knowing it's a long shot, what other "sanctions"
>could I request, if I'm asked by the Judge as an alternative?

Filing costs, and any costs of preparing evidence for trial. Transportation costs for missed visitation and for future visitation. Or, you could hire an attorney and then ask the court to order the other parent to foot the bill, although you'll have to come up with the up front retainer.

[MixedBag]

Given my personal recent experience for your question number 1.  (I am pro se).

We too had a situation that was opened by DHR in AL and WV.  The incident happened in AL, the child lived in WV.  Jurisdiction for court is WV.

AL said that WV had the lead because the child lives in WV.

WV said that AL had the lead because the incident happened in AL.

Both states insisted (for a while) that they did not have jurisdiction to take the lead.

In the end, AL took the lead because they agreed to apply the same standard that police officers do -- jurisdiction is where the incident happened.

I brought the final report on original letterhead to court as proof that the case was closed out with no finding.  It was not accepted into court as evidence by the judge.  He said "There's a proper way to get it admitted into evidence and this is not the way."  I have since figured out what he meant and how to do that in the future.  Then I testified about what happened because I was the ONLY one there.  EX's testimony was accepted understanding that it was "hearsay" because EX could really only testify what my son told him.  Son was not allowed to testify (because EX didn't follow proper procedures to ask the court to allow a minor to testify).  EX had to admit that he was not present during the incident.

We had to submit a list of witnesses 10 days to the court prior to the court date.  We had to exchange evidence 10 days prior to the court date.  All of this was outlined in what I believe was called a "Scheduling order" by the judge issued after our pre-trial conferences were over.  If the person wasn't on the witness list, they weren't allowed to testify, period.

I know -- different judges, different jurisdictions different rules.  I totally agree with Soc's answer about having the WV Worker not testify unless they are willing to come to court and face you.

And I have a question about #3:

WHO issued the temporary protective order that was dismissed on November 18th?

[SFMedic]

Dear MixedBag / Soc,

Regarding the initial temporary protective order, it was initiated by the Mother and filed against me in the state of MD.  The hearing for the P.O. was also held in the same jurisdiction that the current Contempt of Court action is taking place.

Regarding the report, I was not given a copy of it, a week following the dismissal of the case, I went to the court house, requested the case file to ask for a copy, and was denied because it's a "sealed" document. The only way I can obtain a copy, is by sending a request to the judge stating the reason for the request, then wait and see what his decision will be.

I was at the court house this past Friday afternoon, to hand carry a written response to the Mother's motion (petition) for the tele-conference testimony, which at first was turning into a three ring circus.  Because they (clerk of court) were looking at my response as a "new" motion and was being told it would be at least 18 days before it would be reviewed and processed for action, standard time frame for new motions.  Until I kept insisting it was only a response to the Mother's motion, that I was never made aware of and that I wasn't properly notified by not ever being served notice (certified mail).

Of course, I filed out a basic certificate of service letter head from the records office, for my case file and mailed out my response same day, to the Mother via certified mail.

Since the time of my initial Contempt of Court motion (Oct 11, 2005) I have filed two more, one on Dec 7th and another on Dec 27th.  Still waiting for a response regarding the last two.  All three motions have to do with the same issue "denial of visitation".  

The last two motions center around denial of visitation, regarding specific dates for the "Thanksgiving and Christmas" holiday period, that are already stated in my current court order.

So I'll get to go through all of this two more times again, yippie..!

1.  Question:  Can I introduce the same evidence for the upcoming two other Contempt of Court motions, should the Judge not impose any sanctions against the Mother for the Jan 20th hearing and she continues to deny my visitation between now and the time of the new scheduled hearings?

2.  Question:  Is there a specific way of how I should word my request regarding a copy of the Social Workers report that's in the case file?

thanks...

[SFMedic]

Dear Mixed Bag,

My apologies with not being more clear with my reference regarding the case file, I was referring to the "court" case file.

Regarding my additional "Contempt of Court" motions, I too was under the impression of them being "combined" into one.  Initially prior to my being served with the temporary protective order, I had already filed a "Enforce and Modification" for visitation and a "Contempt of Court" motion.  Both motions were combined by a "Judge", to be heard on the same date (Dec 7th)

I then attended the Dec 7th pre-trial conference, under the mistaken impression that something would take place regarding the Mother being found in contempt of court.  Instead what happen was the "Master" turned around and separated the two motions.

The 1st Contempt of Court was scheduled for Jan 20th, the 2nd & 3rd, as I said previously, still a wait and see.

The "Enforce & Modify" was rescheduled as a pre-trial conference for April 25th, and then of course having to wait to see what the Master / Judge will figure out as an actual court hearing.

As it stands still haven't seen my boys since July 31st.  What was interesting, is three nights ago I called, the Mother answered, she was polite, I asked to speak with the children, and they were the same way, as if nothing ever happened.  Of course I tend to think this only took place, because of our upcoming Jan 20th hearing.

The Mother has spaired no expense with telling the children everything that's been going on with the court documents, so I'm always made out to be the bad guy for pursuing this situation through the courts, as if I have much of a choice in the matter anyway.

They've been turned against me from day one of taking any action through the courts.

Thanks...

[socrateaser]

>1.  Question:  Can I introduce the same evidence for the
>upcoming two other Contempt of Court motions, should the Judge
>not impose any sanctions against the Mother for the Jan 20th
>hearing and she continues to deny my visitation between now
>and the time of the new scheduled hearings?

Under the doctrine of Res Judicata, a party who fails to raise all claims related to the same transaction or occurence, is barred from later raising those claims in a subsequent action. So, if you have multiple motions that raise different issues based on the same set of facts, then you need to ask the court to hear them all as part of the same claim, but requesting that the court consolidate those motions, on grounds that if they are not consolidated, they may be barred. You could probably do this with a letter to the court explaining the problem, designating the file numbers for the motions, and copied to the other parent or parent's attorney.

Similarly, under the doctrine of Collateral Estoppel, a party who has an opportunity to fully and fairly litigate a particular issue on the merits in a prior action is barred from relitigating that issue in a different claim, unless the underlying facts have changed, the burden of proof is lower, or the stakes are higher. So, if you have two motions for two different claims, such as for contempt followed by enforcement of visitation, and you need a decision on the same issue, then you can relitigate the issue because the burden of proof for visitation enforcement is lower than the burden for contempt.

>2.  Question:  Is there a specific way of how I should word my
>request regarding a copy of the Social Workers report that's
>in the case file?

Specific, I don't know, but you could write this:

(assumes that you are petitioner)

Petitioner, YOURNAME, pro se, hereby appears and moves that the court order unsealed, the __________, sealed by the court on ??/??/????, on grounds that information contained therein concerning _________ is relevant to proof of the issue of _______, currently before the court in Petitioner's motion for ______, set for hearing on ??/??/????, and because Petitioner has no other independent means of proving this issue.

Dated _____,

By: __________
YOURNAME
Petitioner, Pro Se

[SFMedic]

Dear Soc,

Thanks for the previous response, and my questions are a follow-up.

1.  Question:  Does the "denial of details" make a difference with regards to the 2 other contempt of court motions, receiving an actual hearing with a judge?

2.  Question:  Based on the "denial of details" would you recommend my making a request to the Judge to have them consolidated during the time I'm present for the Jan 20th hearing?  I know you said previously to submit a letter to the court, the problem is, the Master from the Dec 7th pre-trial motion stipulated any amendments or pleadings were to be submitted to the court no later than 3 Jan 06.

Here are the "details" and "dates" for the following contempt motions, still waiting on a decision from the courts regarding the last two motions.

#1  filed 11 Oct 05 - "Defendant has violated standing court order by refusing to bring both children to designated meeting place (Hancock, MD) during scheduled weekends and holidays, i.e. (Labor Day).  Defendant has denied telephone access to children and has refused to encourage or return phone calls from messages left on answering machine".  

*** Appropriate relief - furnishing 50% transportation as per the standing court order, return to standing visitation schedule, visitation with children during 2005 Thanksgiving per court order.

#2 filed 07 Dec 05 - "defendant continues to violate standing court order for over 4 months, in light of the findings and verdict, that was rendered from two previous motions (Nov 18th and Dec 7th) along with the willful, and deliberate discounting of recommendations, made regarding visitation resuming immediately from Judge Xxxxx and Master Xxxx"

*** Appropriate relief - That this Honorable Court pass an order finding the Defendant in contempt and that custody of the minor children be granted to the Plaintiff.

#3 filed 27 Dec 05 - "Defendant has made it a matter of habit, through the willful and conscious disregard with ignoring a valid and enforceable standing court order, by denying specific periods of scheduled weekend and holiday visitation with the childre, during the period of the 2005 Thanksgiving (Nov 23rd - 27th) and Christmas (26 Dec 05 - 02 Jan 06) holiday period".  

*** Appropriate relief - That this Honorable Court pass an order finding the Defendant in contempt and that custody of the minor children be granted to the Plaintiff.

3.  Question: I'm concerned both of my boys will probably be asked to testify on behalf of their Mother.  The youngest is now 14, will turn 15 on Feb 20, 06 and the oldest just turned 16 on Dec 4, 05.  Is the only thing I can do is object and request of the Court / Judge that they provide testimony in chambers?

4.  Question:  Would it be a bad move on my part to ask the Judge / Court that the boys are removed from the court room before the proceedings begin?  I realize all I can do is ask, and the Judge may very well turn me down, I just personally would not want them present in the first place, especially if they are not testifying.

5.  Question:  Would it be to my advantage with asking the court if I could summarize the events of the case that caused me to submit the contempt motion in the first place?

6.  Question:  If I'm denied a chance to offer a summary, would it make sense to offer my personal testimony first, before calling any other witness, as a matter of my testimony being part of the court record and the Judge having an opportunity to know what I've done for my children leading up to the  Jan 20th court hearing?  Was wanting to offer my own personal testimony without having or trying to make the same points through cross-examing the Mother, given that I only have an hour in court.

thanks...

[socrateaser]

>1.  Question:  Does the "denial of details" make a difference
>with regards to the 2 other contempt of court motions,
>receiving an actual hearing with a judge?

You must prove each individual incident of contempt. If you use the facts for one contempt, then you can't use it for some other contempt, because once it's tried, retrying the facts would be double jeopardy, because contempt is a criminal action, so you only get one shot at the defendant, unless the facts prove something else other than contempt, or the facts prove two different contempts, i.e., denial of parenting, and failure to provide the children's current residence address (for example).

>2.  Question:  Based on the "denial of details" would you
>recommend my making a request to the Judge to have them
>consolidated during the time I'm present for the Jan 20th
>hearing?  I know you said previously to submit a letter to the
>court, the problem is, the Master from the Dec 7th pre-trial
>motion stipulated any amendments or pleadings were to be
>submitted to the court no later than 3 Jan 06.

If you're using the same facts to prove contempt during the same transaction or occurrance, then you need to have them consolidated, and the judge should understand this.

>#1  filed 11 Oct 05 - "Defendant has violated standing court
>order by refusing to bring both children to designated meeting
>place (Hancock, MD) during scheduled weekends and holidays,
>i.e. (Labor Day).  Defendant has denied telephone access to
>children and has refused to encourage or return phone calls
>from messages left on answering machine".  
>
>*** Appropriate relief - furnishing 50% transportation as per
>the standing court order, return to standing visitation
>schedule, visitation with children during 2005 Thanksgiving
>per court order.
>
>#2 filed 07 Dec 05 - "defendant continues to violate standing
>court order for over 4 months, in light of the findings and
>verdict, that was rendered from two previous motions (Nov 18th
>and Dec 7th) along with the willful, and deliberate
>discounting of recommendations, made regarding visitation
>resuming immediately from Judge Xxxxx and Master Xxxx"

This is not gonna cut it at trial. You need to prove each and every occurrance during the four months that you allege to be contempt, and you must do so beyond all reasonable doubt, or you lose. You can't just make a vague reference.

>*** Appropriate relief - That this Honorable Court pass an
>order finding the Defendant in contempt and that custody of
>the minor children be granted to the Plaintiff.

This isn't appropriate relief. Appropriate relief is make up time and monetary sanctions to encourage the other parent's cooperation.

>#3 filed 27 Dec 05 - "Defendant has made it a matter of habit,
>through the willful and conscious disregard with ignoring a
>valid and enforceable standing court order, by denying
>specific periods of scheduled weekend and holiday visitation
>with the childre, during the period of the 2005 Thanksgiving
>(Nov 23rd - 27th) and Christmas (26 Dec 05 - 02 Jan 06)
>holiday period".  

Just make sure you can prove each individual allegation of contempt  beyond reasonable doubt.
>
>*** Appropriate relief - That this Honorable Court pass an
>order finding the Defendant in contempt and that custody of
>the minor children be granted to the Plaintiff.

Appropriate relief would be a finding of a substantial change in circumstances affecting the child(ren)'s best interests, and a new custody hearing, and perhaps change of primary custody, but, frankly primary is a Hail Mary.

>3.  Question: I'm concerned both of my boys will probably be
>asked to testify on behalf of their Mother.  The youngest is
>now 14, will turn 15 on Feb 20, 06 and the oldest just turned
>16 on Dec 4, 05.  Is the only thing I can do is object and
>request of the Court / Judge that they provide testimony in
>chambers?

Hope that they are asked to testify. You should ask the court to find and conclude that mother's bringing the children to testify is a substantial change in circumstances and warrants a new custody hearing.

>4.  Question:  Would it be a bad move on my part to ask the
>Judge / Court that the boys are removed from the court room
>before the proceedings begin?  I realize all I can do is ask,
>and the Judge may very well turn me down, I just personally
>would not want them present in the first place, especially if
>they are not testifying.

No, it would be good. If the kids were testifying against the mother, it would be impossible, because in a criminal action, the defendant has a constitutional right to confront all adverse witnesses. But, if the kids are testifying for the defendant, then there's no constitutional impediment.

>5.  Question:  Would it be to my advantage with asking the
>court if I could summarize the events of the case that caused
>me to submit the contempt motion in the first place?

No summary. You must prove the precise facts of each and every individual contempt beyond all reasonable doubt. Don't even ask, because the judge will look at you like you've just grown a third eyeball.

>6.  Question:  If I'm denied a chance to offer a summary,
>would it make sense to offer my personal testimony first,
>before calling any other witness, as a matter of my testimony
>being part of the court record and the Judge having an
>opportunity to know what I've done for my children leading up
>to the  Jan 20th court hearing?  Was wanting to offer my own
>personal testimony without having or trying to make the same
>points through cross-examing the Mother, given that I only
>have an hour in court.

What you've done for your children is irrelevant to proving your ex's contempt, so it's inadmissible, unless the judge allows it. If I were judge, I wouldn't, because it would be a waste of time.

As for cross examining the mother, unless the mother is an idiot, which is possible, she won't testify and you can't cross examine her because in a criminal action she can't be compelled to testify against herself.

If mother is represented by counsel, I guarantee that mother won't testify.

[SFMedic]

Dear Soc,

I just contacted the court house, and I've been informed a response has been sent in the mail.  Informing me that my 2nd and 3rd "Contempt of Court" motions "were not necessary, as I'm already scheduled for hearing on Jan 20th, regarding the contempt motion filed on Nov 8th".

1.  Question:  I'm not sure if this is a good thing or bad thing, could this mean they are being rolled up into one or they have been completely discarded for whatever reason?

Regarding my memorandum relating to the Mother's request for a telephone conference as witness testimony, it didn't marry up with the court case file in time (shocker), and will be forwarded tomorrow with the postponent office and then transferred to a chambers Judge for review.

Apparently the Mother's motion has not been ruled either at this time.  An FYI, we attended a hearing on Dec 7th with a Master, who had both of us sign a statement which stipulated any "amendments or pleadings" were to be filed NLT 3 Jan 06.

2.  Question:  The Mother's petition arrived at the court house on 5 Jan 06, based on the document we signed, and my memo responding was filed the following day, shouldn't it automatically be dismissed based on missing the agreed upon deadline date set forth by the Master?

Thanks....

[socrateaser]

>1.  Question:  I'm not sure if this is a good thing or bad
>thing, could this mean they are being rolled up into one or
>they have been completely discarded for whatever reason?

Be prepared to prove all the contempts in all of your motions. The defendant is on notice, and it's up to her to ask for more time.

>2.  Question:  The Mother's petition arrived at the court
>house on 5 Jan 06, based on the document we signed, and my
>memo responding was filed the following day, shouldn't it
>automatically be dismissed based on missing the agreed upon
>deadline date set forth by the Master?

You can definitely argue this point and you will probably win. If the issue were about the admission of some substantive evidence or witness, and you wanted to exclude based on a time deadline, you would probably lose, because courts must do substantial justice and keeping relevant evidence out on a technicality doesn't usually happen. The court would give you a continuance so as to provide you more time to prepare, in such a case.

But, on a telephone hearing, I'd say that the other parent's late filing would control, assuming that the Master is aware that the pleading is late -- which may not be the case.

[SFMedic]

Dear Soc,

You had mentioned this before and I forgot to ask as a follow-up, regarding the issue of sanctions being requested.

1.  Question:  Regarding sanctions, such as make-up visitation days, at this time I've missed a total of 45 days.  Could I request this time to be added during the summer months of my visitation versus during the remainder of the school year?  Considering there is a 4 hr one way drive and per the current court order, I'm already to have them for 5 wks during the summer anyway.

2.  Question:  How would I properly word the request to the Judge and at what point would I bring it up?  Would it be during my "closing remarks" during my scheduled hearing, which is this coming Friday (Jan 20th)?

3.  Question:  Regarding sanctions with requesting the Mother to post a monetary bond, how would I properly word this to the Judge?  Would it be unreasonable to request the posting of the bond to be for a period of one year from the date of the hearing, so I don't miss out on upcoming holidays, or does the court typically only go out for a period of no more than 6 months at the most, just wondering?

4.  Question:  Regarding the monetary bond.  Should the Mother say she doesn't have the means, could I ask that her "tax return" for this year be used as collateral.

5.  Question:  This coming Friday, during our hearing, is also a scheduled weekend with the children, could this also be another sanction to request of the Judge, if so, how would I properly word this request?

thanks...

[SFMedic]

Dear Soc,

I forgot to ask about one other sanction

1.  Question:  Can I ask for reimbursement of associated court cost and attorney fees with having to prepare for the mulitple hearings, this being the third one?  The first one was for a TPO hearing, which was dismissed, the second was a pre-trial conference.

2.  Question:  How would I properly word this request to the Judge?

thanks...

[socrateaser]

>1.  Question:  Regarding sanctions, such as make-up visitation
>days, at this time I've missed a total of 45 days.  Could I
>request this time to be added during the summer months of my
>visitation versus during the remainder of the school year?
>Considering there is a 4 hr one way drive and per the current
>court order, I'm already to have them for 5 wks during the
>summer anyway.

You can request whatever you think is fair and reasonable.

>
>2.  Question:  How would I properly word the request to the
>Judge and at what point would I bring it up?  Would it be
>during my "closing remarks" during my scheduled hearing, which
>is this coming Friday (Jan 20th)?

If this is a contempt hearing, then the judge must "sentence" the contemnor, and you would generally be asked for your input as to the sentence. Then you just tell the judge what you think would be "fair and reasonable, in view of the courts judgment." (magic words, the rest is up to you).

>
>3.  Question:  Regarding sanctions with requesting the Mother
>to post a monetary bond, how would I properly word this to the
>Judge?  Would it be unreasonable to request the posting of the
>bond to be for a period of one year from the date of the
>hearing, so I don't miss out on upcoming holidays, or does the
>court typically only go out for a period of no more than 6
>months at the most, just wondering?

I think it's reasonable to post a bond for the remainder of the child's minority, assuming contempt is found.

>
>4.  Question:  Regarding the monetary bond.  Should the Mother
>say she doesn't have the means, could I ask that her "tax
>return" for this year be used as collateral.

You mean her right to a refund or to the child tax credit? That's only reasonable if the judge actually awards you "child support" in the amount of the sanction, because the IRS cannot intercept a refund for any other reason.

If the other parent has no assets, then you're never going to receive any money, so your argument is to award you more parenting time, and reduce child support consistent with the reduction. Otherwise, you'll never see any money, bond or no bond.

If the other parent has assets, then the bond makes sense.

>5.  Question:  This coming Friday, during our hearing, is also
>a scheduled weekend with the children, could this also be
>another sanction to request of the Judge, if so, how would I
>properly word this request?

You just tell the judge what you think is "fair and reasonable in view of the judgment of the court."

[socrateaser]

>Dear Soc,
>
>I forgot to ask about one other sanction
>
>1.  Question:  Can I ask for reimbursement of associated court
>cost and attorney fees with having to prepare for the mulitple
>hearings, this being the third one?  The first one was for a
>TPO hearing, which was dismissed, the second was a pre-trial
>conference.

You don't have any attorney fees, because you don't have an attorney and you're not licensed as an attorney in any jurisdiction.

You can ask for filing costs, copying costs, clerical costs, and any other verifiable out-of-pocket costs that are reasonable, such as travel expenses if your travel is more than about 150 miles round trip. Otherwise, not.

>2.  Question:  How would I properly word this request to the
>Judge?

You just tell the court that you have expended $X in verifiable out-of-pocket costs as a result of the contempt hearings and that you request reimbursement as a sanction, based on your submission of receipts and a summary of the expenses.

PS. DON'T double post. If you screw up and have more questions, then edit your original post, or wait until I've already answered your prior post. I think I've asked you to do this in the past, but you ain't listening.

I don't have time to fish through your posts looking to see what's the most current or whether one post amends, supplements, modifies, so please stop this practice, or I'm not gonna respond anymore.

PPS. Don't post an apology, because I'll have to read that, too. Just stop doing it. Thanks.

[SFMedic]

Dear Soc,

I'm wanting to file a "Memorandum for Law: Estrangement as a factor in the best interests of the child standard and the resolution of visitation disputes".

I'm under the impression, this would be supplemental information, I'm wanting to add to the court case file.  I have a scheduled hearing for Contempt of Court against the Mother, due to denial of visitation, this coming Friday (Jan 20th) at 1:30 pm.

1.  Question:  Given the date of my hearing, is it still possible to have this added to the court case file?  It will be hand delivered first thing tomorrow morning.

2.  Question:  The Memorandum of Law, would this actually be something considered as a "new" petition or just supplemental information?

3.  Question:  Do I need to phrase the request in a particular way or point out anything specific with the court clerk, regarding the memo being matched up with the court case file, so as to avoid any confusion given the time constraints?

4.  Question:  Is this something that would help or benefit my case in someway?  I was told the memorandum would help establish a foundation for the points I will bring up during the hearing.

5.  Question:  Have you had or known of anyone submiting a memorandum like this in the past and it being of any use?

thanks....

[socrateaser]

>1.  Question:  Given the date of my hearing, is it still
>possible to have this added to the court case file?  It will
>be hand delivered first thing tomorrow morning.

Yes. But, you need to serve it on your opponent, and it's not timely, so the court can refuse to consider it on this ground.

>
>2.  Question:  The Memorandum of Law, would this actually be
>something considered as a "new" petition or just supplemental
>information?

It's actually called a "Memonrandum of Points and Authorities", or "Points and Authorities" for short, when submitted to support a motion. And the entire longhand, ESPECIALLY if you're submitting it after your motion, would be:

Memorandum of Points and Authorities in Support of Petitioner's Motion for WHATEVER_YOUR_MOTION_IS_FOR.

(above assumes you're petitioner -- change as required)

. A Memorandum of Law by itself is what attorneys write to each other in their firm, or what a law clerk writes to a judge to help give case law background on a particular issue.

>3.  Question:  Do I need to phrase the request in a particular
>way or point out anything specific with the court clerk,
>regarding the memo being matched up with the court case file,
>so as to avoid any confusion given the time constraints?

You just add a cover letter explaining that this is a supplement to your existing motion.

>4.  Question:  Is this something that would help or benefit my
>case in someway?  I was told the memorandum would help
>establish a foundation for the points I will bring up during
>the hearing.

Well, now that all depends on what the memo says. If it's actually a points and authorities, i.e., a legal argument primarily explaining what the law says and why it applies to the facts submitted in your case, then the court can consider the argument as part of the case.

But, if the memo predominantly to explain and introduce new facts, i.e., describe a medical/psychological/financial issue and how the facts offerred prove your argument for your motion, then your memo will be inadmissible, assuming it's objected to timely or the judge just says, "whoa now!"

That's because a report stating complex factual opinions is hearsay evidence and requires an expert witness to explain it to the court (usually the author of the report, who has special qualifications in the field of expertise being explained).

So, not knowing what you're about to offer, or the predisposition of the judge, I can't say if it will be a benefit, a burden, or a waste of effort.

>5.  Question:  Have you had or known of anyone submiting a
>memorandum like this in the past and it being of any use?

Many jurisdictions REQUIRE a points and authorities, even if only one sentence, with every motion. (e.g., a cite to a relevant statute giving the court authority to hear the motion, could be enough satisfy such a requirement).

As for the latter form of document, i.e., expert report, that also happens all the time, however, the judge can't admit it as part of a contempt action, without the presence of the author, because, it is an out of court written statement made by someone other than you, and it is being offered to prove the truth of the matters asserted therein. That means it's hearsay evidence, and it doesn't fall within any well-rooted exception (it's not a business record, or a public record, or a depo transcript or an interrogatory answer, or written by the other party, or the author is available for cross examination, or it is from a source so well established that its accuracy is not subject to reasonable dispute (e.g.,Webster's Dictionary).

It also may be testimonial hearsay, i.e., reasonably understood by the author that it would be offered prosecutorially at a "criminal" trial, in which case the 6th Amendment's confrontation clause requires that the author be available at trial or previously examined on the subject of the memo, or it's out -- period (unless the other party killed the author to prevent his/her appearance at trial -- LOL!).

Anyway, I'm mainly playing with you here, because I don't know what the memo actually says or why it's being offered, but I wanted you to see that what you're asking about isn't a cut and dried issue.

It's a messy can-o-worms!

[SFMedic]

Dear Soc,

Thanks for the insight, and yes I was aware it was very involved.  

1.  Question:  What I have is 8 pages in length as a word document format, could I send you an e-mail copy for review.  I apologize for the short notice, as it was just given to me earlier this afternoon.

The memorandum has to do with citing various other family court cases and their verdicts.  I had a feeling I was already up against the clock, regarding the submission of this document.

thanks...

[socrateaser]

>Dear Soc,
>
>Thanks for the insight, and yes I was aware it was very
>involved.  
>
>1.  Question:  What I have is 8 pages in length as a word
>document format, could I send you an e-mail copy for review.
>I apologize for the short notice, as it was just given to me
>earlier this afternoon.

No time.

>
>The memorandum has to do with citing various other family
>court cases and their verdicts.  I had a feeling I was already
>up against the clock, regarding the submission of this
>document.

If that's all you're doing, then you need to apply the cites to the allegations and show why the court should find contempt assuming that you prove the same things that prior courts have found liability on.

That's not an expert report. But, just a list of bare case cites is a waste of time, and the court will think that you think it doesn't know how to research and consider findings of facts and conclusions of law.

[SFMedic]

Dear Soc,

Yesterday was a mixed bag in terms of results with my scheduled court hearing, regarding contempt of court against the mother, for denial of visitation.  We were both Pro Se in the Contempt of Court case that was heard in MD.  Children at this time are 15 and 16 y/o.

I had well over 20 different exhibits that were all relevant to the case and couldn't get them presented or accepted as evidence.  Because according to the Judge, I wasn't following proper procedure.

The end result of the case, the Mother openly admitted in court she was in contempt due to denying visitation.  She brought the children as well, and I was able to have them removed from the courtroom before we proceeded any further.  

The Mother also had planned to call them up as witnesses, and I requested they be questioned in chambers, so the Judge had everyone leave the courtroom, and they were questioned separately.  They painted a picture to the Judge, as if I constantly beat them or hit them all the time when they come down to visit, and that I hardly do anything with them during a given weekend, which were bold face lies.

I had brought a photo album with other 600 pictures as evidence to the contrary, covering the last 8 years, but again, wasn't able to present it as evidence.

The Judge's ruling was "he wasn't not going to find her in contempt", that final determination would be set aside for now.  He warned the Mother, the onus was on her "to make some type of effort" with  arrangements with the boys, in order for me to have some type of visitation.  

This weekend was an actual scheduled weekend, which I made the court aware during my closing remarks.  I haven't seen my boys since July 31, 2005.  

The Judge ordered a complete custody evaluation to be initiated with both of us.  The Judge reminded her when we have a pre-trial conference on April 25th, regarding an "Enforcement and Modification" motion that I filed, and the court should have a determination made by then regarding the evaluation.  He warned the Mother once again, if she didn't allow visitation to take place, it would not look good for her coming back to court in April.

I requested sanctions be brought against the mother, regarding make-up of additional time, posting of a visitation bond, they were all discarded.

The Judge also made a comment based on the extensive documentation that I've submitted in the case file, that I obviously had concerns with Parental Alienation taking place.

The Mother had asked if the children could be interviewed by someone in WV, so they wouldn't have to miss anymore school.  This was also the Mother's way of trying to get out of having to meet me halfway, per the standing court order.  The Judge pointed out, how they would be interviewed in MD, and that it could easily be accomplished during my scheduled weekends, which the Mother didn't like to hear.

1.  Question:  What is the proper format/procedure with presenting evidence to the court, I realize there is subtle differences from one state to the next?

2.  Question:  Regarding the custody evaluation, would you recommend we have an attorney present, once we get to a point of the evaluator conducting interviews with me?

3.  Question: Regarding my exhibitis of evidence, is this something I could present to the evaluator during an interview?

4.  Question: Regarding the evaluation, is there anything else you could think of, that I would need to do or have, so that I'm properly prepared?

thanks...

[socrateaser]

>1.  Question:  What is the proper format/procedure with
>presenting evidence to the court, I realize there is subtle
>differences from one state to the next?

The differences between jurisdictions is so small that's generally irrelevant. If there's a big difference, it is usually described in the State trial court rules, and/or county court rules. Never go to trial without reading all the court rules, because you may miss something big, even if you're an attorney. You're expected to know the code of civil procedure, the rules of evidence, and the state/local rules.

 I can't tell you specifically what the proper format/process is without knowing all of the above. And, even with all of that, the proper process depends on the evidence offered, so I'd need to know exactly what you offered (and don't post it here, because I'm not teaching an evidence/trial practice class online -- way out of scope).

In GENERAL, evidence must be:

1. Logically relevant. It must tend to prove or disprove an element necessary to satisfying the burden of persuasion in the case. Ex: a receipt from the store where a custody transfer was to take place is relevant to proving that the declarant was at the store at the place and time shown on the receipt.

2. Legally relevant. It must not violate some public policy that prevents it from being offered, regardless of its logical relevancy. Ex: A person's character is generally inadmissible to prove their conduct on a particular occassion, unless their character is actually at issue, so if there is proof of a parent's reputation for hating for the other parent, then this character flaw would be admissible to prove conduct, but it's still a pretty weak proof. Conversely, the fact that a father is reputed to enjoy wearing pink underwear, doesn't make him a bad parent.

3. Based on sufficient foundation, so that it is deemed to be what it is purported to be. Ex: a photo is not competent unless the person who took it is identified, the time, date, and place that it was taken are identified, and the general method by which it was taken, and how it arrives at the court in its present form (i.e., "chain of custody") is identified. That way, you can't take a digital foto, insert a smiling face of your child into the family scene, dull it up in Photoshop(r), and then claim that you took the foto 5 years ago at the kid's b'day.

4. It must be in proper form (mainly concerns testimony). Ex:
Assumes facts in evidence. Question can't contain an assumption that is not already on the record "Are you still beating your spouse," assumes that you were beating your spouse, in the past. Without evidence showing that you were, this is inadmissible.

5. It must not be subject to an exclusionary rule. The big one being hearsay: "An out of court statement (or evidence) offered to prove the truth of the matter asserted." Ex: "My neighbor told me that she my ex leave our one year old child in the backyard unsupervised for over 2 hours." If this statement is offered to prove that the defendant is a poor caretaker of the child, then the neighbor must be on the witness stand saying it in the first person, or at least available for cross examination -- otherwise, the statement is out.

Conversely, "My ex said that she left the child outside unsupervised for 2 hours," is an admission, and is, while highly suspect because of its source being the adversarial spouse, admissible, unless the statement is offered in a criminal trial, and was compelled by governmental interrogation, incident to an arrest and without the person having been read their "Miranda" rights.

That's about as far as I'm going into evidence law online. This could take months to completely review. If you are really interested, you'll have to go to law school.

>2.  Question:  Regarding the custody evaluation, would you
>recommend we have an attorney present, once we get to a point
>of the evaluator conducting interviews with me?

Not necessarily. I would recommend that you have a disinterested third party witness videoing the entire episode. Of course this will make the evaluator think you're paranoid, but that's the tradeoff -- there's no real good answer to this question.

>
>3.  Question: Regarding my exhibitis of evidence, is this
>something I could present to the evaluator during an
>interview?

Yes, but you need to be careful that you don't appear obsessed with "getting even," because that is the kiss of death for a custody eval. You want the evaluator to KNOW that your sole interest is the child's welfare, even if it means that you would never see the child again. That will get the evaluator's attention better than any hard evidence.

>
>4.  Question: Regarding the evaluation, is there anything else
>you could think of, that I would need to do or have, so that
>I'm properly prepared?

See #3. You need to be sad that you haven't had time with yor child, and happy for anything that is good in the child's life, regardless of whether it is the consequence of the other parent, or of your being cut off from the child.

Other than that, do NOT denegrate the other parent. The other parent is NEVER BAD, she is simply advancing her interests, and you are sad that your child has not had the benefit of both parents as a result.

This difference is the BIG issue in an eval -- your attitude is what the evaluator looks for. Are you interested in yourself and getting revenge, or are you interested only in the child's "best interests," regardless of how detrimental those interests may be to your personal interests.

You can bet that the other parent will take bad about you, so if you don't return the favor, then you have a huge edge, because the evaluator will say, "What's up with dat?" This guy is only interested in the kid, and the mom is an a___."

Don't rise to the occasion to show your own ass or you will get it kicked.

[SFMedic]

Dear Soc,

Thanks for the quick synopsis of "rules of evidence law 101"..! smile..

This coming Monday, I had planned on spending time in the county law library, to find out and determine the "codes and rules".

During my hearing for Contempt of Court, this past friday against the Mother for denial of visitation.  The "Master" had started out the proceedings by stating, "this hearing concerns the matter of a contempt of court motion, and not an "enforcement to modify visitation", which is already scheduled for pre-trial on April 25th.  Which I thought made sense and was okay.

Towards the end of the proceedings, the Master makes the statement of "if the mother or children does not feel safe coming to MD from WV, (per the standing court order) then the Mother can make arrangements for visitation to take place in WV.  This was said by the Master because the Mother was still claiming physical child abuse

1.  Question:  By the Master making the statement, regarding my having visitation in WV, is he not voiding the very specific wording of times and places that already exist in my standing court order?  

2.  Question:  By the Mother only allowing me to have visitation in WV instead of MD, where the standing court states she is to meet me halfway at a designated place in MD, isn't this grounds for another contempt motion, due to her deliberately violating the standing court order?

3.  Question:  In essence, by his remark from the bench, he's taken it upon himself to "modify" my visitation, without giving me due process, which is what I thought the upcoming, "modification and enforcement of visitation" was for on April 25th?  Can he actually get away with this?

4.  Question:  I was told by someone earlier I can file something called an "exception to a master's recommendation"?  Due to the Master saying, he was "not not finding her in contempt", which didn't make any sense at all to me, even though she repeatedly admitted in open court that she was in contempt..!

Thanks...

[socrateaser]

>1.  Question:  By the Master making the statement, regarding
>my having visitation in WV, is he not voiding the very
>specific wording of times and places that already exist in my
>standing court order?  

You had a contempt motion and you lost. There was one finding: no contempt. If there were an order, then one of you would likely have been instructed to prepare it, so, more than likely the order was very simple: "Dismissed" or "Not guilty."

Everything else the judge said was dicta and non binding.

>2.  Question:  By the Mother only allowing me to have
>visitation in WV instead of MD, where the standing court
>states she is to meet me halfway at a designated place in MD,
>isn't this grounds for another contempt motion, due to her
>deliberately violating the standing court order?

N/A. There wasn't any order, based on your post.

>3.  Question:  In essence, by his remark from the bench, he's
>taken it upon himself to "modify" my visitation, without
>giving me due process, which is what I thought the upcoming,
>"modification and enforcement of visitation" was for on April
>25th?  Can he actually get away with this?

N/A. See above.

>
>4.  Question:  I was told by someone earlier I can file
>something called an "exception to a master's recommendation"?
>Due to the Master saying, he was "not not finding her in
>contempt", which didn't make any sense at all to me, even
>though she repeatedly admitted in open court that she was in
>contempt..!

Call the clerk and get a copy of the court's minute orders from the hearing. If there was an order contemplated, then it will be in the minute orders. If the judge actually signed an order, it will be in the file. I've got a hunch he swept the entire deal under the table and is gonna pretend it never happened.

That's pretty typical when no one's represented by counsel.

[SFMedic]

Dear Soc,

Yesterday was a mixed bag in terms of results with my scheduled court hearing, regarding contempt of court against the mother, for denial of visitation.  We were both Pro Se in the Contempt of Court case that was heard in MD.  Children at this time are 15 and 16 y/o.

I had well over 20 different exhibits that were all relevant to the case and couldn't get them presented or accepted as evidence.  Because according to the Judge, I wasn't following proper procedure.

The end result of the case, the Mother openly admitted in court she was in contempt due to denying visitation.  She brought the children as well, and I was able to have them removed from the courtroom before we proceeded any further.  

The Mother also had planned to call them up as witnesses, and I requested they be questioned in chambers, so the Judge had everyone leave the courtroom, and they were questioned separately.  They painted a picture to the Judge, as if I constantly beat them or hit them all the time when they come down to visit, and that I hardly do anything with them during a given weekend, which were bold face lies.

I had brought a photo album with other 600 pictures as evidence to the contrary, covering the last 8 years, but again, wasn't able to present it as evidence.

The Judge's ruling was "he wasn't not going to find her in contempt", that final determination would be set aside for now.  He warned the Mother, the onus was on her "to make some type of effort" with  arrangements with the boys, in order for me to have some type of visitation.  

This weekend was an actual scheduled weekend, which I made the court aware during my closing remarks.  I haven't seen my boys since July 31, 2005.  

The Judge ordered a complete custody evaluation to be initiated with both of us.  The Judge reminded her when we have a pre-trial conference on April 25th, regarding an "Enforcement and Modification" motion that I filed, and the court should have a determination made by then regarding the evaluation.  He warned the Mother once again, if she didn't allow visitation to take place, it would not look good for her coming back to court in April.

I requested sanctions be brought against the mother, regarding make-up of additional time, posting of a visitation bond, they were all discarded.

The Judge also made a comment based on the extensive documentation that I've submitted in the case file, that I obviously had concerns with Parental Alienation taking place.

The Mother had asked if the children could be interviewed by someone in WV, so they wouldn't have to miss anymore school.  This was also the Mother's way of trying to get out of having to meet me halfway, per the standing court order.  The Judge pointed out, how they would be interviewed in MD, and that it could easily be accomplished during my scheduled weekends, which the Mother didn't like to hear.

1.  Question:  What is the proper format/procedure with presenting evidence to the court, I realize there is subtle differences from one state to the next?

2.  Question:  Regarding the custody evaluation, would you recommend we have an attorney present, once we get to a point of the evaluator conducting interviews with me?

3.  Question: Regarding my exhibitis of evidence, is this something I could present to the evaluator during an interview?

4.  Question: Regarding the evaluation, is there anything else you could think of, that I would need to do or have, so that I'm properly prepared?

thanks...

[socrateaser]

>1.  Question:  What is the proper format/procedure with
>presenting evidence to the court, I realize there is subtle
>differences from one state to the next?

The differences between jurisdictions is so small that's generally irrelevant. If there's a big difference, it is usually described in the State trial court rules, and/or county court rules. Never go to trial without reading all the court rules, because you may miss something big, even if you're an attorney. You're expected to know the code of civil procedure, the rules of evidence, and the state/local rules.

 I can't tell you specifically what the proper format/process is without knowing all of the above. And, even with all of that, the proper process depends on the evidence offered, so I'd need to know exactly what you offered (and don't post it here, because I'm not teaching an evidence/trial practice class online -- way out of scope).

In GENERAL, evidence must be:

1. Logically relevant. It must tend to prove or disprove an element necessary to satisfying the burden of persuasion in the case. Ex: a receipt from the store where a custody transfer was to take place is relevant to proving that the declarant was at the store at the place and time shown on the receipt.

2. Legally relevant. It must not violate some public policy that prevents it from being offered, regardless of its logical relevancy. Ex: A person's character is generally inadmissible to prove their conduct on a particular occassion, unless their character is actually at issue, so if there is proof of a parent's reputation for hating for the other parent, then this character flaw would be admissible to prove conduct, but it's still a pretty weak proof. Conversely, the fact that a father is reputed to enjoy wearing pink underwear, doesn't make him a bad parent.

3. Based on sufficient foundation, so that it is deemed to be what it is purported to be. Ex: a photo is not competent unless the person who took it is identified, the time, date, and place that it was taken are identified, and the general method by which it was taken, and how it arrives at the court in its present form (i.e., "chain of custody") is identified. That way, you can't take a digital foto, insert a smiling face of your child into the family scene, dull it up in Photoshop(r), and then claim that you took the foto 5 years ago at the kid's b'day.

4. It must be in proper form (mainly concerns testimony). Ex:
Assumes facts in evidence. Question can't contain an assumption that is not already on the record "Are you still beating your spouse," assumes that you were beating your spouse, in the past. Without evidence showing that you were, this is inadmissible.

5. It must not be subject to an exclusionary rule. The big one being hearsay: "An out of court statement (or evidence) offered to prove the truth of the matter asserted." Ex: "My neighbor told me that she my ex leave our one year old child in the backyard unsupervised for over 2 hours." If this statement is offered to prove that the defendant is a poor caretaker of the child, then the neighbor must be on the witness stand saying it in the first person, or at least available for cross examination -- otherwise, the statement is out.

Conversely, "My ex said that she left the child outside unsupervised for 2 hours," is an admission, and is, while highly suspect because of its source being the adversarial spouse, admissible, unless the statement is offered in a criminal trial, and was compelled by governmental interrogation, incident to an arrest and without the person having been read their "Miranda" rights.

That's about as far as I'm going into evidence law online. This could take months to completely review. If you are really interested, you'll have to go to law school.

>2.  Question:  Regarding the custody evaluation, would you
>recommend we have an attorney present, once we get to a point
>of the evaluator conducting interviews with me?

Not necessarily. I would recommend that you have a disinterested third party witness videoing the entire episode. Of course this will make the evaluator think you're paranoid, but that's the tradeoff -- there's no real good answer to this question.

>
>3.  Question: Regarding my exhibitis of evidence, is this
>something I could present to the evaluator during an
>interview?

Yes, but you need to be careful that you don't appear obsessed with "getting even," because that is the kiss of death for a custody eval. You want the evaluator to KNOW that your sole interest is the child's welfare, even if it means that you would never see the child again. That will get the evaluator's attention better than any hard evidence.

>
>4.  Question: Regarding the evaluation, is there anything else
>you could think of, that I would need to do or have, so that
>I'm properly prepared?

See #3. You need to be sad that you haven't had time with yor child, and happy for anything that is good in the child's life, regardless of whether it is the consequence of the other parent, or of your being cut off from the child.

Other than that, do NOT denegrate the other parent. The other parent is NEVER BAD, she is simply advancing her interests, and you are sad that your child has not had the benefit of both parents as a result.

This difference is the BIG issue in an eval -- your attitude is what the evaluator looks for. Are you interested in yourself and getting revenge, or are you interested only in the child's "best interests," regardless of how detrimental those interests may be to your personal interests.

You can bet that the other parent will take bad about you, so if you don't return the favor, then you have a huge edge, because the evaluator will say, "What's up with dat?" This guy is only interested in the kid, and the mom is an a___."

Don't rise to the occasion to show your own ass or you will get it kicked.

[SFMedic]

Dear Soc,

Thanks for the quick synopsis of "rules of evidence law 101"..! smile..

This coming Monday, I had planned on spending time in the county law library, to find out and determine the "codes and rules".

During my hearing for Contempt of Court, this past friday against the Mother for denial of visitation.  The "Master" had started out the proceedings by stating, "this hearing concerns the matter of a contempt of court motion, and not an "enforcement to modify visitation", which is already scheduled for pre-trial on April 25th.  Which I thought made sense and was okay.

Towards the end of the proceedings, the Master makes the statement of "if the mother or children does not feel safe coming to MD from WV, (per the standing court order) then the Mother can make arrangements for visitation to take place in WV.  This was said by the Master because the Mother was still claiming physical child abuse

1.  Question:  By the Master making the statement, regarding my having visitation in WV, is he not voiding the very specific wording of times and places that already exist in my standing court order?  

2.  Question:  By the Mother only allowing me to have visitation in WV instead of MD, where the standing court states she is to meet me halfway at a designated place in MD, isn't this grounds for another contempt motion, due to her deliberately violating the standing court order?

3.  Question:  In essence, by his remark from the bench, he's taken it upon himself to "modify" my visitation, without giving me due process, which is what I thought the upcoming, "modification and enforcement of visitation" was for on April 25th?  Can he actually get away with this?

4.  Question:  I was told by someone earlier I can file something called an "exception to a master's recommendation"?  Due to the Master saying, he was "not not finding her in contempt", which didn't make any sense at all to me, even though she repeatedly admitted in open court that she was in contempt..!

Thanks...

[socrateaser]

>1.  Question:  By the Master making the statement, regarding
>my having visitation in WV, is he not voiding the very
>specific wording of times and places that already exist in my
>standing court order?  

You had a contempt motion and you lost. There was one finding: no contempt. If there were an order, then one of you would likely have been instructed to prepare it, so, more than likely the order was very simple: "Dismissed" or "Not guilty."

Everything else the judge said was dicta and non binding.

>2.  Question:  By the Mother only allowing me to have
>visitation in WV instead of MD, where the standing court
>states she is to meet me halfway at a designated place in MD,
>isn't this grounds for another contempt motion, due to her
>deliberately violating the standing court order?

N/A. There wasn't any order, based on your post.

>3.  Question:  In essence, by his remark from the bench, he's
>taken it upon himself to "modify" my visitation, without
>giving me due process, which is what I thought the upcoming,
>"modification and enforcement of visitation" was for on April
>25th?  Can he actually get away with this?

N/A. See above.

>
>4.  Question:  I was told by someone earlier I can file
>something called an "exception to a master's recommendation"?
>Due to the Master saying, he was "not not finding her in
>contempt", which didn't make any sense at all to me, even
>though she repeatedly admitted in open court that she was in
>contempt..!

Call the clerk and get a copy of the court's minute orders from the hearing. If there was an order contemplated, then it will be in the minute orders. If the judge actually signed an order, it will be in the file. I've got a hunch he swept the entire deal under the table and is gonna pretend it never happened.

That's pretty typical when no one's represented by counsel.

[SFMedic]

Dear Soc,

My apologies, for not knowing what you just referenced as an order, regarding my "Contempt of Court" hearing, from this past Friday, due to the Mother denying my visitation.  I do have a yellow carbon copy for a "report and recommendation".  Which has the Defendant marked with an "X" and reads "the obligor has wilfully (which is lined thru) failed to comply with the court's order(s).

Another block that is "X" off states, "the obligor is adjudged to be in contempt of court".  This entire statement was lined through, and the Judge made a note to the right side "contempt hearing is continued".

Another block is "X" off states, "The terms and provisions of all prior Orders remain in effect to the extent that they are not inconsistent with the terms of this order".

1.  Question:  based on the above statement, regarding "terms and provisions", am I to assume my court order is still unchanged and enforceable, until such time that I attend the "Enforce & Modify" hearing on April 25th?  

2.  Question:  Then would the Mother still be obligated to meet me still at our half-way point, which is in MD versus her being in WV?

3.  Question:  regarding the note the Judge made, regarding "contempt is continued", I take it the Mother is still on the hook, pending the outcome of a custody hearing?

4.  Question:  I was also told, if I file an "exception to a Master's report and recommendation", it would temporarily postpone a custody evaluation from taking place, is this true?

5.  Question:  Regarding the custody evaluation, wouldn't the judge have to make some type of ruling referencing a change of custody, as to his reason for requesting a "custody evaluation" in the first place.  Part of me feels, this was nothing more then him passing the buck, and not having to make any type of final ruling regarding the Mother's contempt?

thanks...

[socrateaser]

>1.  Question:  based on the above statement, regarding "terms
>and provisions", am I to assume my court order is still
>unchanged and enforceable, until such time that I attend the
>"Enforce & Modify" hearing on April 25th?  

Yep. No changes.

>
>2.  Question:  Then would the Mother still be obligated to
>meet me still at our half-way point, which is in MD versus her
>being in WV?

No changes to the prior orders, based on your post above.

>
>3.  Question:  regarding the note the Judge made, regarding
>"contempt is continued", I take it the Mother is still on the
>hook, pending the outcome of a custody hearing?

Yep. The entire question of whether the mother is in contempt is pending -- that's a very big point in your favor, BTW.

>
>4.  Question:  I was also told, if I file an "exception to a
>Master's report and recommendation", it would temporarily
>postpone a custody evaluation from taking place, is this
>true?

Contempt is pending. If you file an exception, you're gonna blow your foot off. The master is on your side, at the moment.

>5.  Question:  Regarding the custody evaluation, wouldn't the
>judge have to make some type of ruling referencing a change of
>custody, as to his reason for requesting a "custody
>evaluation" in the first place.  Part of me feels, this was
>nothing more then him passing the buck, and not having to make
>any type of final ruling regarding the Mother's contempt?

You're not reading it correctly. The master wants to get the mother to start cooperating without throwing her ass in jail. But, if she doesn't, then that could happen next April.

You're trying to win. Put away your ego and just deal with the child's interests. If the mother doesn't play ball, you're gonna probably get custody awarded, because the master will have had enough.

[SFMedic]

Dear Soc,

I went to court on Jan 20th for Contempt of Court against the Mother for denial of visitation.  I live in MD, Mother with children live in WV.  We both went to court Pro Se.  We had a 1hr block of time in court.  Children will be 15 in Feb 06 & oldest just turned 16 y/o in Dec 05.  Haven't seen them since July 31, 2005.  The following is information I thought you would need to have clear a understanding of what took place during and following my hearing.

The "Master" stated he was "not not going to find the Mother in Contempt at this time", pending the results of a "custody evaluation being initiated".  He did not order any sanctions against the Mother that I brought up, such as posting a visitation bond, or fines, or additional make-up time.

The Master would not accept any of the my exhibits as evidence, because he stated I was not submitting them to him in the proper format.  

I listened to an court room audio recording of the court hearing, I was curious to know what testimony was provided by the children?

My mouth just dropped, when I heard lie after lie come out of both of my Sons, in front of the Master.  Which I had asked that they were questioned separately, of course I forgot to ask that they should have sequestered in chambers.

The other thing which I heard on the audio, was the Master on his own, directing my oldest Son, while taking his testimony, to ask the court clerk for directions to an office down the hallway, following court, so he can file paperwork to change custody/visitation with me seeing how he's already 16, while he was still here in MD.

It was also stated on the audio from the Master and his clerk, where they had said, "this is a sad case"..."there's no chance of them having a relationship with their Father"... "the Father is gonna regret this later"....
these comments were made immediately following my oldest Son being dismissed from providing testimony.  I was completely floored.

The Master contradicted himself between comments he made in the beginning versus what he said at the end.  In the beginning the Master stated "we are here today for matters regarding Contempt of Court and not issues regarding "Enforcement and Modification of Visitation, which is already scheduled for trial on April 25th".  Which btw I was the one to file the motion.

At the end, the Master stated "the original order is still in effect and has not changed at this time"...   "if either she or the children do not feel comfortable coming to MD, at a minimum, the onus is on the Mother to initiate visitation even if it is for a period of one day in WV"

I had asked the Master about my two other Contempt Motions, regarding denial of visitation, which were "Amendments" to my initial Contempt Motions from Nov 8th.

I had a pre-trial conference on Dec 7th, with yet another Master who then stipulated and had us sign an order, that any amendments or pleadings had to be filed no later than Jan 3, 2006, which I filed the 3rd contempt motion, hand carried by Dec 27, 2005.

In the 2nd & 3rd contempt motions, I changed the request from jail time to no jail time, and further relief as "reversal of custody".

When I asked the Master what was the courts final dispositon of those motions, he stated "Sir you changed the dates and they do not apply to this matter before us at this time".  I thought that was total "BS" from the Master, just sweeping them under the rug.

This past Saturday, I received a call from the Mother, informing me she had convinced the boys to meet me at 12 noon, at a shopping mall in Morgantown, WV.  I remined her, my visitation had not changed, and was still to be in MD, she stated the boys did not want to cross state lines, and if I didn't come up, then she would take that as my "refusing visitation" with the children.

I drove for 4 hrs to meet with my Sons for lunch at the shopping mall, to have a sit down lunch with them to discuss our future as a family.  They wouldn't agree to us taking them somewhere else to have a sit down talk.  The visit amounted to them saying the only reason they were meeting, because I'm trying to put their Mom in jail, we met for a little over 2hrs and they left.

I decided to file an exception to a Masters report and recommendations.

I filed an exception for the following

1.  That the Master's refusal to make a determination as to the contempt before this Honorable Court due to the Defendant's denial of court ordered visitation is clearly erroneous and an abuse of discretion, since the Defendant admitted in open court she was in contempt and will continue to deny court ordered  visitation

2.  That the Master's recommendation advised the Defendant to allow visitation in the state of West Virginia is clearly erroneous and an abuse of discretion, inasmuch as the focus of this hearing was contempt for denial of court ordered visitation and that a separate hearing, April 25, 2006 has been scheduled before this Court to address modification of the standing court order

3.  That the Master's actions in not accepting into evidence documentation relevant to the Contempt matter before the Court was clearly erroneous and an abuse of discretion, since it prevented the parties from effectively presenting their respective cases to the Court.

4.  That the Master's recommendation that a custody evaluation is ordered in this contempt matter is clearly erroneous and an abuse of discretion, since the Master refused to make any recommendations or consider a reversal of custody as a remedy for the contempt.

5.  That the Master's refusal to address the ongoing contempt in this case as is clearly erroneous and an abuse of discretion, since this court strongly advised the Defendant of at least two different occasions to resume court ordered visitation between the minor children and the Plaintiff.

6.  That the Master's refusal to address the ongoing contempt in this case as is clearly erroneous and an abuse of discretion, since there have been three contempt petitions filed with each denied visitation since July 31, 2005

7.  That the Master's refusal to address two additional amended contempt petitions, as is clearly erroneous and an abuse of discretion, since this court  stipulated from the pre-trial conference of December 7, 2005, any amendments or pleadings were to be submitted to the court, which they were, no later than January 3, 2006.  

8.  That the Master did not advise the parties of their right to seek review of his findings in the form of exceptions pursuant to Maryland Rule S74A.


1.  Question:  Given the above circumstances and exceptions, do you feel a Judge should find grounds for a new hearing to be scheduled?

2.  Question:  If we have an attorney this time during a 2nd hearing, is the attorney permitted to be present during the children's testimony, in order to object or questioned their testimony in someway?

3.  Question: If I'm allowed to have a 2nd hearing, am I to assume that I will be able to submit my original exhibits of evidence, or would they be discarded?

4.  Question:  If the Mother refuses to bring the children to MD between now and when we are to have another hearing, or the April 25th pre-trial conference, would she not be once again violating the standing court order, in light of what she was already told from the 1st Contempt hearing?

5.  Question:  If the Mother is found in Contempt, how would or could this impact my going to court for a pre-trial conference on April 25th for an "Enforce & Modify Vistation" petition, which I filed?

thanks....

[socrateaser]

>1.  Question:  Given the above circumstances and exceptions,
>do you feel a Judge should find grounds for a new hearing to
>be scheduled?

No, because at the moment your contempt motion is still pending, and the judge will not intervene until it is final.
>
>2.  Question:  If we have an attorney this time during a 2nd
>hearing, is the attorney permitted to be present during the
>children's testimony, in order to object or questioned their
>testimony in someway?

You're not going to get a 2nd hearing. If the master dismisses or finds not guilty, the double jeopardy clause of the constitution will kick in and the mother will be immune to reprosecution for the contempts. That's why the master has left the matter open. If he closes it, you're SOL, and you'll have to start over with an enforcement proceeding instead of a contempt.

>
>3.  Question: If I'm allowed to have a 2nd hearing, am I to
>assume that I will be able to submit my original exhibits of
>evidence, or would they be discarded?

N/A See above.

>
>4.  Question:  If the Mother refuses to bring the children to
>MD between now and when we are to have another hearing, or the
>April 25th pre-trial conference, would she not be once again
>violating the standing court order, in light of what she was
>already told from the 1st Contempt hearing?

N/A See above.

>
>5.  Question:  If the Mother is found in Contempt, how would
>or could this impact my going to court for a pre-trial
>conference on April 25th for an "Enforce & Modify Vistation"
>petition, which I filed?

That would be good, but it's probably not gonna happen, because now you've undoubtedly pissed off your only ally in the case. Try and withdraw your exceptions if you can. If you can't, I'd say you've probably just shot your foot off.

I advised you not to take exceptions and to try to work with the master. You've made a fairly bad decision to disregard that advice, and you REALLY need to discuss this all with a local attorney now.