Contempt Motions

[wretchedotis]

Just curious how often these are successfull? Most often I read that a Judge scoffs at the motion.

My ex withholds access, and generally breaks our Order on an almost monthly basis, and I'm getting sick of it.

If I bring a motion of contempt - will it be taken poorly in court?

[Nadia]

Contempt has to be intentional and if there is an "reasonable" explanation why access was denied for example an emergency room visit, then the party will not be found in contempt.

However, if there is a repeated pattern where access is being denied each month, then yes, a contempt motion can be brought forward.

Please note that Judges are reluctant to find a finding of contempt at a Motion Hearing or affidavits alone and most likely the matter will have to go to trial which can be very costly.

[momof2girls]

I have been contemplating a contempt motion too... but not sure if my ex would get a slap on the wrist or be forced to provide me his income tax papers. But I was told a judge doesn't like when their order isn't being followed.. more so with access, CS ... not for trivial matters. No judge likes to have their time wasted.. for you tho... it sounds like it's a valid point.

Sometimes it's worth it for something like that. Have you decided to try a contempt motion?

[wretchedotis]

Well I actually recently filed a motion (before case conference), and her lawyer and I were able to talk and make some consensual changes. It seems to have helped in the past two weeks or so.

But I went the wrong way earlier by not filing a motion in contempt. Or so it would seem, as I was admonished by the Court for bringing a motion before case conference. I guess there's a valid arguement to be made that custody access issues are not of an urgent/hardship nature.

I chose that route, thinking it would carry more weight before a judge over me trying to slap her with a contempt order.
I'm not trying to punish her - I just want to see my KID after all.

But Like I say, its only been a few weeks - time will tell if I need to do it.