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  • Contempt motion

    I am in the process of filing out paperwork for a contempt motion regarding access. My ex removed our daughter from school early on a day I was supposed to pick her up from school. I have 3 other documented missed weekends so believe me, I am not just running because of the first missed weekend.
    I was wondering, since I am self represented I have always had trouble getting costs. This is something I wish to pursue this time, and am wondering what a reasonable amount to ask for would be. I am going to have to use a process server, and take 2 days off work. One to get the documents signed and prepped and one for the actual motion. What about fuel recipts, I am about 2 hours away from the court house so its quite a bit of a drive.

  • #2
    Why did your ex remove your daughter early from school that day (or others?) What reason or circumstances? Does your order specify that should not occur? I think you may be hard-pressed to have any success with a contempt motion, unless you were unable to get your daughter as well, for your court ordered time/days, on multiple times.

    And then you have to have documented refusal by your ex, to abide by your schedule, order. If you don't have that, it would be very easy for ex to say "child wasn't feeling well, so I went and picked her up early from school" or something similar.

    FYI, there is prior case-law (I forget which member on this forum), that had $100 an hour, deemed appropriate for self-rep time, when asking for costs. Do a search, and you should find it. I want to say it was "working Dad?", but I could be wrong here.

    Really need more details here.

    Comment


    • #3
      Originally posted by dad2bandm View Post
      Why did your ex remove your daughter early from school that day (or others?) What reason or circumstances? Does your order specify that should not occur? I think you may be hard-pressed to have any success with a contempt motion, unless you were unable to get your daughter as well, for your court ordered time/days, on multiple times.

      And then you have to have documented refusal by your ex, to abide by your schedule, order. If you don't have that, it would be very easy for ex to say "child wasn't feeling well, so I went and picked her up early from school" or something similar.

      FYI, there is prior case-law (I forget which member on this forum), that had $100 an hour, deemed appropriate for self-rep time, when asking for costs. Do a search, and you should find it. I want to say it was "working Dad?", but I could be wrong here.

      Really need more details here.
      Court order specifies I pick her up either from school or at 2:30 at her mothers residence. Since she was taken out of school I popped by the house and it was empty, no response from phone calls and so on. She is just ignoring me right now as she wants to change weekends and is trying to play gatekeeper to do it. Other times were similar in the past. One time she did do makeup access 6 months after, but then denied the weekend directly after.

      Comment


      • #4
        Originally posted by fireweb13 View Post
        Court order specifies I pick her up either from school or at 2:30 at her mothers residence. Since she was taken out of school I popped by the house and it was empty, no response from phone calls and so on...
        Perhaps you already are doing this, but to better document these instances, you should followup to your ex with an email stating you were at the correct location, at correct time to receive your child, and were unable to, because she and child were not present.

        It's better to have this kind of stuff documented, in writing. Perhaps you will receive some "useful for court" responses from ex, this way.

        ex.
        The usual "I don't care what the order says" response. That would help with a contempt motion.

        Comment


        • #5
          Originally posted by dad2bandm View Post
          Perhaps you already are doing this, but to better document these instances, you should followup to your ex with an email stating you were at the correct location, at correct time to receive your child, and were unable to, because she and child were not present.

          It's better to have this kind of stuff documented, in writing. Perhaps you will receive some "useful for court" responses from ex, this way.

          ex.
          The usual "I don't care what the order says" response. That would help with a contempt motion.
          Did that, she is just refusing to reply now and will not communicate. Talked to our daughters teacher and she is in class today, so not worried about her running away at least.

          Comment

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