Contempt of court order?

[bern]

Children will not go with father, I have done everything but physically push the out the door..**Would appreciate any help..*

On his Third criminal charge, last one is for forged prescription for pain meds, steroids user, or alcohol what ever he can get his hands on.. *

Overdosed while kids were present.
Kicked out of restaurant for being under the influence of something kids had to clean up after him in restroom.
Driving under the influence with the kids..*

But Iam looking at a contempt of court order???*

Motion is in three weeks

Thanks for all and any help.

B

[standing on the sidelines]

how old are the kids?

[bern]

10 and 12 yr old turns 13 in few days.

[NBDad]

10 year old gets no say and will have to abide by the court order. The 12 almost 13 year old will have their wishes taken under advisement. Until such time as a new court order is made, they HAVE to abide by it.

If you fail to follow your obligation as the custodial parent to enforce the order, then yes, it's contempt and you can be held accountable for it.

Children will not go with father, I have done everything but physically push the out the door..**Would appreciate any help..*

On his Third criminal charge, last one is for forged prescription for pain meds, steroids user, or alcohol what ever he can get his hands on.. *

Overdosed while kids were present.
Kicked out of restaurant for being under the influence of something kids had to clean up after him in restroom.
Driving under the influence with the kids..*

Regarding the above...what did you DO to remedy the above situation? Did you immediately start a court action for supervised access or re-open negotiations regarding the existing order? Did you take the necessary steps to ensure the children are protected? (ie. Did you call CPS or the police? Do you have the reports in hand? Did you find a way to provide the children with a cell phone and instruct them on who to contact in the event of an emergency? )

Until you get a new order, you AND the children have to abide by the existing one. Take precautions to ensure the children are protected. The life lesson here is that sometimes you have to do things you don't want to (go with Dad) in order to wind up with what you DO want (have the choice on going or not)

[Tayken]

Originally Posted by NBDad

10 year old gets no say and will have to abide by the court order. The 12 almost 13 year old will have their wishes taken under advisement. Until such time as a new court order is made, they HAVE to abide by it.

Unless... You follow NBDad's comments/recommendations below... You would need the intervention of the courts to deal with the issues you have raised.

The court will hear what a 10 year old has to say but, it has to be done through a professional evaluation. This can be either through a Section 30 Custody and Access evaluation, Office of the Children's Lawyer, you can retain a solicitor to represent the child (very complex to do but, there is good president to do this) or sight the "Voice of the Child" requirements that have evolved.

NBDad is right but, there are things you have to do to address the problem before your child will be heard by the court and the right professional has to be the one bringing forward your child's view. You can't simply type it into an affidavit. Your request would be for the involvement of a professional to assist the court in determining your child's "best interests" on something like this.

If you fail to follow your obligation as the custodial parent to enforce the order, then yes, it's contempt and you can be held accountable for it.

Originally Posted by NBDad

Regarding the above...what did you DO to remedy the above situation? Did you immediately start a court action for supervised access or re-open negotiations regarding the existing order? Did you take the necessary steps to ensure the children are protected? (ie. Did you call CPS or the police? Do you have the reports in hand? Did you find a way to provide the children with a cell phone and instruct them on who to contact in the event of an emergency? )

Beyond what you you did to remedy the situation but, what services (namely the CAS) were involved in these incidents. The conduct you sighted all would under most police requirements require the police to contact the Children's Aid Society. Especially the driving while under the influence in the presence of children.

Originally Posted by NBDad

Until you get a new order, you AND the children have to abide by the existing one. Take precautions to ensure the children are protected. The life lesson here is that sometimes you have to do things you don't want to (go with Dad) in order to wind up with what you DO want (have the choice on going or not)

What NBDad is saying is 100% bang on. This is echoed in a very well sighted decision by Justice Quinn:

Gerenia v. Harb

Undoubtedly, there are many tasks that a child, when asked may find unpleasant to perform. But ask we must and perform they must. A child who refused to go on an access visit should be treated by the custodial parent the same as a child who refused to go to school or otherwise misbehaves. The job of a parent is to parent.

Good Luck!
Tayken

[bern]

Thank you all, this helped me out a lot..