Contempt vs Non-Compliance

[momto3]

I am self represented (not by choice), cannot afford an attorney (he has one) and I don't qualify for legal aid. Can anyone tell me the difference between asking for a contempt order or taking my ex back AGAIN for non-compliance. What could be the outcome of contempt (he actually completely disregarded an order that prohibited him from disposing of any assets worth over $1000 and transferred it into his Dad's name) I also had to take him back in November for 3 more orders for non-compliance that he still has no complied with. This "man" has actually learned that nothing happens to him even if he does what he wants. How do I ask for contempt or should I ask again for non-compliance (although this seems so much more serious than just non-compliance). What could be the remedy's of both?

Thanks

[Gary M]

A Google search yielded about a billion hits from USA sites - almost all of them lawyers trolling for clients.

This link, though, has some info - might serve as a starting point:

CANADIAN LAWS AND PROGRAMS Continued(5) - Overview and Assessment of Approaches to Access Enforcement (2001-FCY-8E)

Cheers!

Gary

[staysingle]

If a 'clear' court order was not complied with get him in front of a judge for a contempt motion. Keep your position simple and emphasize the breach, also ask for a $1000.00 in costs. Do emphasize this is a frustrating and clear patten with him.

[momto3]

a judge "prohibited" him from dissipating any asset with a value worth over $1,000 on nov 23, 2010. On December 23, 2010 he transferred title of a property that forms part of our Net Family Value into his father's name for a $2.00 fee with the transfer stating that he was holding it in trust for his father. I happen to have his parents court filed separation agreement from 2008 which was in fact filed into the court only 1 month before our separation, where both of his parents agree that the property belongs 100% to my soon to be ex. I have a title search pulled 2 days after the judge's order that shows it in his name as well as the transfer/deed that clearly shows it as being in his name with his birthday, and then I have another title search pulled on Friday which shows it now in his father's name with his birthday (they have the exact same name)

do i have a case for contempt?

[staysingle]

You have a slam dunk case for contempt! The family courts often show contempt for men for just appearing in court. He is very foolish if this is not realized on his part.

Your claim is reasonable and factual.

He is contempt. File the paperwork with supporting documents. Don't use a lawyer for this as you will win this.

Have you had a case conference yet?

[notaclue]

would moving city, having hand written the next city on a motion, and not making arrangements to travel be considered in contempt?

my ex, although still married, moved on Wednesday, and was told today to honor the judgment - she was given 3 options
1) get there someway
2) make another arrangement for supervised access
3) face contempt

i thought 3 was only a threat, but what would the outcome be?

[Tayken]

Originally Posted by notaclue

would moving city, having hand written the next city on a motion, and not making arrangements to travel be considered in contempt?

my ex, although still married, moved on Wednesday, and was told today to honor the judgment - she was given 3 options
1) get there someway
2) make another arrangement for supervised access
3) face contempt

i thought 3 was only a threat, but what would the outcome be?

#3 could be fine or jail. That is the extreme. The judge can award what the judge feels is proper. It could be forcing the OP to read a book, take a course, etc... Hard to say. It is in the hands of the judge hearing the matter.

Good Luck!
Tayken

[notaclue]

thanks,

it is onlly the second week of arranged access and this is pulled