Show Cause re-issued 3x

[mommy with heart]

Dear Soc,

I have Primary Physical residence of our child with tie breaking decision authorityand Joint Legal custody as stated in our papers.    We all reside in the state of Maryland.  Since September of 2005, the date of the custody trial,  NCP has been in violation.  My attorney had said to give it 3 mos to see if things will settle and change.  Its been nearly a year now and with much  contact as i have had to get things moving, my attorney finally got papers filed in March.

 Since then, my attorney has received 3 show cause oders signed by the Judge to have my ex served.  My attorney had advised me each time that a PP he knew of would have my ex served in a timely manner. I had asked that he include a Sheriff in the papers to serve as well this last time and he had done so but he reassured me that all will be taken care of with his PP.    Maryland court does not give much time for serving in such cases and as you see, I've had to sign a reissue 3 times in the course of 4 mos to have my case heard.   Many calls by me to the courts and to my attorney today as I've just learned  this last order  will not be heard due to ex not being served.  My attorney is not responding to me at the moment.

My questions are:

1.  How many times will a Judge approve a re issue to show cause?

2.  Will the Judge frown upon me and reflect his decisions as to why i have waited so long to get contempt and show cause heard when we proceed?

3.   My attorney's words mean nothing to me anymore but i need his expertise in the courtroom so how do i handle this matter with my attorney?

4.  Can you define Tie breaking descion authority as my ex refuses to adhere to any desions i make?  

5.  Is the ex in contempt for refusing my desions when theres discussion of the  best interest of our child?

Any advice or help you give is appreciated.  Thank you for your time.

Sad and very Frustrated,
Mommy with heart

 

[socrateaser]

>My questions are:
>
>1.  How many times will a Judge approve a re issue to show
>cause?

Narrow question of local MD civil procedure, so I don't know.

>
>2.  Will the Judge frown upon me and reflect his decisions as
>to why i have waited so long to get contempt and show cause
>heard when we proceed?

Not necessarily. I'm thinking your attorney's not doing his/her job, and you should consider new representation.

>
>3.   My attorney's words mean nothing to me anymore but i need
>his expertise in the courtroom so how do i handle this matter
>with my attorney?

If you have received a billing statement with charges related to this issue, then you write back and place every line item and all related charges "in dispute" and demand that any money you have advanced be held in the attorney's trust account until such time as this dispute is resolved. You must state your reasons for the dispute.

This will make it impossible for the attorney to spend the money, and will give you leverage to get some attention. Ultimately, if the attorney has already spent the money and removed it from the trust account, then you will have to file a complaint with the State Bar.

If you notify the attorney that this will be your next step if the money is not returned to the trust account, then that may scare the attorney into righting the ship, so to speak, because based on the facts, there's a good possibility that the attorney could have his/her license suspended if it turns out that he/she has been incompetent in dealing with the service of the motion/OSC.

I don't really have enough facts to make a determination, but I'd certainly write the attorney and place the issue in dispute.

>
>4.  Can you define Tie breaking descion authority as my ex
>refuses to adhere to any desions i make?  

I need a specific hypothetical to apply.

>5.  Is the ex in contempt for refusing my desions when theres
>discussion of the  best interest of our child?

Contempt on first refusal is nearly impossible to prove beyond reasonable doubt, unless the other parent admits it in writing or in court.

[mommy with heart]

Thanks Soc!

Just an update with another question/

I placed another call to my Attorney on Monday and was told the papers have been served and hearing is set one month away.  

NCP is in contempt of the whole custody order, which includes 2 yrs of  CS arrears   Committed perjury as well and transcripts have been received from hearing last year.  

My question:

1..Is  this still a contempt of first refusal?  

2. Do you know what happens when perjury is committed?

Thanks for your help.

MWH


 

[socrateaser]

>Thanks Soc!
>
>Just an update with another question/
>
>I placed another call to my Attorney on Monday and was told
>the papers have been served and hearing is set one month away.
>  
>
>NCP is in contempt of the whole custody order, which includes
>2 yrs of  CS arrears   Committed perjury as well and
>transcripts have been received from hearing last year.  
>
>My question:
>
>1..Is  this still a contempt of first refusal?

Contempt is willful and conscious disregard of a valid and enforceable court order. I would need to compare the actual facts with the actual court order to tell you if there is a contempt.

>
>2. Do you know what happens when perjury is committed?

If the court were to find that a party perjured him/herself to the court as part of a family court hearing, then the court would probably refer the matter to the local public prosecutor. However, if the perjury is found as part of an allegation submitted during a contempt action, then the court would have to sentence the party directly under the court's contempt powers, which are more limited than for a direct conviction for criminal perjury.

This is because the contempt finding would be criminal, and the local prosecutor cannot try the same charge twice, because that would trigger the double jeopardy clause of the Constitution.

Either way, a finding of perjury would almost certainly include jail time and a stiff financial penalty.

[mommy with heart]

Thank you as you have been most helpful.

[mommy with heart]

Dear Soc,

Just an update and a quick question.  Things have been extremely quiet which i'm thankful for.  My questions are:

1. Doesn't the NCP have to respond to the papers served for the upcoming show cause hearing?  

2. How do i know if NCP has done anything?

3.  Would my attorney receive an answer to the complaint?

4.  Would the Clerk's office give me a copy of the response if there was one?

Any information is appreciated.

MWH

[socrateaser]

>Dear Soc,
>
>Just an update and a quick question.  Things have been
>extremely quiet which i'm thankful for.  My questions are:
>
>1. Doesn't the NCP have to respond to the papers served for
>the upcoming show cause hearing?  

No. A response is not mandatory. It's a good idea if the party wants to make his/her argument and proof to the judge prior to the hearing, but that's up to the respondent. And, for a contempt action, it may be better to say nothing, depending upon what's been alleged by the complainant.

>
>2. How do i know if NCP has done anything?

You are entitled to be served with a copy of the response.

>
>3.  Would my attorney receive an answer to the complaint?

Yes, unless the other party doesn't know he/she has a duty to serve the response on the attorney.

>4.  Would the Clerk's office give me a copy of the response if
>there was one?

If it's in the court file, you can have a copy made.

[mommy with heart]

Thank you!  If you don't mind, couple more questions:

1.  If i am entitled to a copy of the response, would it go to me or my attorney?

2.  If the NCP doesn't know to send a response to my attorney, will it delay the hearing?

3.  If the NCP has an attorney, will they still say nothing in response to the complaint?  

4.  Would the NCP's attorney say nothing as well to my attorney prior to the hearing?  

Sorry for so many questions, but i seem to get more response from you Soc and i'm feeling anxious already.  

Thanks again.

[socrateaser]

>Thank you!  If you don't mind, couple more questions:
>
>1.  If i am entitled to a copy of the response, would it go to
>me or my attorney?

Your attorney.


>
>2.  If the NCP doesn't know to send a response to my attorney,
>will it delay the hearing?

Unlikely.

>
>3.  If the NCP has an attorney, will they still say nothing in
>response to the complaint?  

Unlikely, because if the attorney doesn't respond, he/she can't bill for responding (me, cynical? nah!).

>
>4.  Would the NCP's attorney say nothing as well to my
>attorney prior to the hearing?  

See #3.