No announcement yet.

Contempt of Court?

This topic is closed.
  • Filter
  • Time
  • Show
Clear All
new posts

  • Contempt of Court?

    just a background i ask my question......

    i hope this is the right place for it.

    back in November, my wife took my children to a shelter.

    then she called immigration to tell them i was out of status.

    4 days after she left, i joined AA. there was NO domestic violence - i admitted to CAS that there was abuse, caused by my drinking.
    i am suing for joint custody.
    On 2 ocassions she refused supervised access, claiming that the she felt the children would not be safe.
    It was CAS, the shelters on site workers who urged me to contact my lawyer ASAP.
    i was allowed drop them down gifts for christmas, which they were not given.

    We filed an emergency motion for supervised access - the case worker aggreed to be served.
    between that and the court date, she moved to another shelter, a 2 hour drive away. and enrolled the children in school. i dont know if they were in school between leaving and then.

    in her response, and counter claim for sole custody, she made baseless, far fetched allegations of violence. she also claimed the children did not want to see me.
    she said she intended to live in the named city, and hand wrote another city,
    using duty consel, she agreed to the access, up there.
    she also stated that if/when she gets a restraining order, her extended family are willinng to help.
    i went and did the intake interview and got to see them last weekend.

    at her intake interview, she said our eldest daughter did not want it, and possibly not our youngest.

    the reunion went great, with the younger saying as she left, 'dont die daddy'. unfortunately, she said it as she was leaving so it was not heard by the observer for her notes.

    the other day, she moved again. i dont know if is to another shelter, or independent living.
    it is going to take 2 weeks for the intake interview. my lawyer told her, as of today she still had no lawyer, she should have given more notice, or get a ride up to there for the access (she does not drive)

    the centre called late this evening to say she could not get a ride up, and was cancelling the access.

    can a contempt motion be slapped on her? she has had since Wednesday to get a way there, or make sure that some arrangement was being made for the visit. or at least all day today - when my lawyer's paralegal told her that it was her responsiblity to get there, or arrange a neutral to supervise the access.

    what will that do FOR my case? our first case conference is on early March, or will something be done in the meantime?

    altough i was the cause of the inital move to the shelter, since it all happened, i am looking the sensible parent by going to AA, other conselling, whereas she has refused supervised access twice, moved them all over - at least 3 schools in since October, the constant moving, not going to court for emergency motion, making duty conse (at the court where she was) go to her at the shelter to sign the motion.

    she was given 3 options - get there tomorrow, make another arrangement or face contempt

    does a contempt actually mean anything?


  • #2
    I have some experience with contempt of a court order. It is my experience that, although the rules (26 and 31) exist, enforcement is weak, specially with issues that don't deal with money.

    If your ex-spouse is claiming to have transportation issues, whether they are valid or not, she could likely act in an contemptuous manner for a very long time until the court actually makes a contempt order.

    Case-in-point: my ex-spouse blatantly refused to obey a direct court order to appear and submit financial disclosure three separate times. When she did finally appear by teleconference, she was rude to the judge then hung the phone up on him! The only thing the judge did was issue an order on the endorsement sheet giving her 30 more days to comply or an uncontested trial would be ordered.

    To summarize my own opinion to answer your question, in your case, contempt of court may not mean anything on this issue unless it continues for some time.


    • #3
      i am confused first you say there was no domestic violence but then say you admitted to cas that there was abuse when you were drinking. Can you clarify that.


      • #4
        abuse is verbal, violence is physical.


        • #5
          Originally posted by notaclue View Post
          abuse is verbal, violence is physical.
          You think so eh? The police have a different view. The police will charge a person for domestic assault if you even use threatening language to your wife. Let me explain.

          Just over a year ago, a good buddy of mine was having huge issues from his overseas tours of duty. Him and his wife got into a fight and I was called over to assist. As I got there, the police just arrived. The police arrested him for some miscellaneous crap, but never charged him for assault (domestic), but I was present while the police questioned his wife.

          She admitted that he never ever hit her, threatened her, pushed her or anything even remotely close to it (I know this to be true). The police officer became frustrated and said that even if he told her to f***-off, that is threatening and a chargeable offense.

          Notaclue, although I don't agree with the interview above, I just thought you should know.


          • #6
            thanks Kenny, but the police were NEVER called.

            the only involvement by police was when i called up to them 3 days after they left.

            the officer spoke to her in person at the shelter, and would he not have asked her then about any issues?
            can i just clarify, i am not condoning or excusing my behaviour. i know i was wrong, but i am addressing my problems.

            the conselling course that CAS & the shelter offered my, which i am accepting is not anger management, but something called SOS -


            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.