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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-30-2011, 01:48 PM
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Default Is it worth filing a motion of contempt?

Since January of this year (when the final order was endorsed), there have been three incidents of my ex refusing access to me for our son.

She has also categorically refused to attend a 'parenting after seperation' course that is in the order.

Working on a motion of contempt about both these issues...
Is it worth it? Is that enough for it to be taken seriously by a judge?
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Old 05-30-2011, 02:26 PM
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Re: denial of access. - If you have multiple, documented, instances where your scheduled parenting time has been unilaterally denied and that makeup time was not offered to compensate you for the denial of access, then yes, I would say that a contempt motion would be necessary to regain any and all of your lost parenting time.

You ex will have to learn that she is not entitled to determine when and if you get your court ordered parenting time. By not holding her feet to the flames when she does will only embolden her to do it more often.

As for the parenting course, well, it was court ordered and I would insert it into the contempt motion as fluff. When questioned why she is in contempt state that the course was court ordered and that you feel should she have taken the course, she would understand that your parenting time is equally as important as hers and that she is not to interferre with your time.

As for:

1) makeup time; and
2) costs.
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Old 05-30-2011, 11:57 PM
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Contempt is a tough hill to climb. Be scrupulous with documenting incidences, get repeated orders which ratchet up the obligations and show non-compliance. You won't be able to get to contempt on a few incidences.

FG
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Old 05-31-2011, 03:33 AM
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As I understand it, contempt is quasi-criminal in nature.
Obviously a judge is hesitant to find in contempt with this being the case.

But how else do I deal with it, if not filing a contempt motion?

I''m not actually expecting a finding of contempt - as much as specific instruction that she abide by the order. Whis as you say 'ratchets up' her obligation to comply.
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Old 05-31-2011, 09:41 AM
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You file if for no other reason then scare tactics. She is playing with your parenting time and you need to let her know that there are consequences for doing so.

Should you go through with the motion, chances are the first time she gets a slap on the wrist, a finger wag and told "don't do it again". If you have to go again for a similar nature, the courts will get progressively harder on her with stricter punishments.

It isn't that you want your ex punished. It is that they must be brought in line and made to understand that they cannot interfere with your parenting time.

Think of it as training a dog.
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Old 05-31-2011, 11:01 AM
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What were her reasons for denying access? I only say this because I brought my ex in on contempt and the judge said it was a miscommunication on my ex's part and not intentional and ordered that I pay costs and got no make up access. Maybe if you have it from her that she knows that she denied you the access then maybe bring her for a conference and try and work it out to get some of the access that you missed back.
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Old 06-02-2011, 01:53 AM
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Quote:
Originally Posted by fireweb13 View Post
What were her reasons for denying access? I only say this because I brought my ex in on contempt and the judge said it was a miscommunication on my ex's part and not intentional and ordered that I pay costs and got no make up access. Maybe if you have it from her that she knows that she denied you the access then maybe bring her for a conference and try and work it out to get some of the access that you missed back.
Did the judge offer any opinions or suggestions on how to improve / fix communications so further incidents don't happen?
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