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  • Contempt of Court

    There is a final order in place that outlines all the details like:
    -50/50 custody
    -each party is to write in a respectful tone about/to the other
    -parties to share parental decision making regarding education, health, religion, and extracurricular activities
    -the parties both to chose a public school for child
    -child shell be kept in the same school unless and until the parties jointly decide otherwise

    At the same time one party continuously does the following:

    -calls the other party names, writes in a very disrespectful way to the other party, threatens to tell the child that the other party is a horrible parent that doesn't meet child's WANTS AND WISHES (literally), all in writing
    -makes unilateral decisions regarding education and extracurricular activities. When reminded of the existing order, the response was "I signed the child up and was gonna tell you"

    -makes unilateral decisions to change child's school, telling the other parent I changed schools. Nothing you can do about it.

    Is this party in contempt of court?

    If so, what can be done about it?

  • #2
    Originally posted by Mother View Post
    -calls the other party names, writes in a very disrespectful way to the other party, threatens to tell the child that the other party is a horrible parent that doesn't meet child's WANTS AND WISHES (literally), all in writing
    Annoying, but contempt is a quasi-criminal proceeding. Nobody is going to be held in contempt for being rude.

    This is one of those "take the high road" moments. Take the high road.

    -makes unilateral decisions regarding education and extracurricular activities. When reminded of the existing order, the response was "I signed the child up and was gonna tell you"
    You said you are 50-50. Just don't bring the kid during your time.

    -makes unilateral decisions to change child's school, telling the other parent I changed schools. Nothing you can do about it.
    Change it back. It is 50-50 custody, you have the same rights as your ex.

    If so, what can be done about it?
    I see nothing here that you cannot just handle yourself.

    Comment


    • #3
      Thank you Janus. Great suggestion, will do just that.


      Still curious if the unilateral move to change schools can be considered contempt? Yes? No? May be?

      Comment


      • #4
        Originally posted by Mother View Post
        Thank you Janus. Great suggestion, will do just that.


        Still curious if the unilateral move to change schools can be considered contempt? Yes? No? May be?
        what was the reason for changing schools? If asked would you of consented?

        Comment


        • #5
          Originally posted by standing on the sidelines View Post
          what was the reason for changing schools? If asked would you of consented?
          No consent would be given.


          The party tried this a few years back when child was in kindergarten (wanted to move child from one k/g to another, lying in writing along the way). Party filed a motion, party lost with costs. Party is doing the same thing again.


          There are some child's issues involved that I am not going to discuss here. It is best for the child to stay at the same school for now. Willing to revisit moving to another school this coming summer before next school year starts, depending on the child's conditions at that time.


          As to the reason, I am not that party, can only guess: personal convenience/inconvenience; my way - the highway or something else. This party moved from place to place 10 times in the last 7 years and is moving for the 11th time very soon (approximately same geographic area). All is well documented so the party absolutely cannot deny moving that often.
          Last edited by Mother; 10-05-2019, 05:53 PM.

          Comment


          • #6
            Originally posted by Janus View Post







            You said you are 50-50. Just don't bring the kid during your time.







            Change it back. It is 50-50 custody, you have the same rights as your

            I’m pretty sure this poster actually has joint custody, but mom has primary residence and OP is an EOW dad. It seems he just constantly says he has 50/50.

            So if mom wants to change child to a school near their house, I don’t see the issue?

            Comment


            • #7
              Originally posted by iona6656 View Post
              I’m pretty sure this poster actually has joint custody, but mom has primary residence and OP is an EOW dad. It seems he just constantly says he has 50/50.
              Well, if that is true then he will not be getting meaningful answers to his questions. Garbage in garbage out.

              So if mom wants to change child to a school near their house, I don’t see the issue?
              Yeah, if he's an EOW dad, then the mom's choice of school should prevail.

              Comment


              • #8
                Originally posted by Janus View Post
                Well, if that is true then he will not be getting meaningful answers to his questions. Garbage in garbage out.
                Janus, I wouldn't listen to iona6656, not in this case, she is confused and has no idea what she is talking about. You got it right. That's all that matters.

                Originally posted by Janus View Post
                Yeah, if he's an EOW dad, then the mom's choice of school should prevail.
                Parents have 50/50 legal custody and cannot move the child without discussing and agreeing with each other. It's in the agreement.

                Oh, I am not he, I am definitely a SHE. Again, don't listen to iona6656. She is making wrong assumptions, often.

                Comment


                • #9
                  Originally posted by Mother View Post
                  Janus, I wouldn't listen to iona6656, not in this case, she is confused and has no idea what she is talking about. You got it right. That's all that matters.



                  Parents have 50/50 legal custody and cannot move the child without discussing and agreeing with each other. It's in the agreement.

                  Oh, I am not he, I am definitely a SHE. Again, don't listen to iona6656. She is making wrong assumptions, often.


                  Back in August you stated

                  “Parent A and Parent B, joint 50/50 custody, child elementary school age resides with one parent, another parent has typical every other weekend access”

                  So regardless of if you’re a he or she (past posts make it hard to determine) you don’t have 50/50 if the child resides with one parent and the other has EOW... you may have joint custody but if you don’t have primary residency, I wouldn’t expect the child to go to school in your area.

                  You’d get more helpful advice if you stuck to the fact and didn’t make posts so confusing.


                  Sent from my iPhone using Tapatalk

                  Comment


                  • #10
                    Originally posted by Mother View Post
                    Parents have 50/50 legal custody and cannot move the child without discussing and agreeing with each other. It's in the agreement.
                    Generally, best interests of the children overrides any agreement. Every single judge will agree that it is in the best interests of a child to go to a school that is near to the location at which they usually wake up in the morning.

                    Oh, I am not he, I am definitely a SHE.
                    Notwithstanding the frequent allegations by sulky moms, I don't actually care.

                    Comment


                    • #11
                      Originally posted by iona6656 View Post
                      I’m pretty sure this poster actually has joint custody, but mom has primary residence and OP is an EOW dad. It seems he just constantly says he has 50/50.

                      So if mom wants to change child to a school near their house, I don’t see the issue?
                      EOW is irrelevant. If they have joint custody, decisions like moving schools must be made jointly. It may be more convenient or whatever, but that is not the point. Convenience of a parent is not always in the best interests of the child. If the change is in the best interests of the child, than they should put that argument forward and try reach an agreement. And if no agreement can be found, than they take it to court. Unilaterally deciding to change schools is not acting in good faith or as a joint custodial parent.

                      I don't see why we would be flippant with joint custodial decisions because it may be easier on the parent who has the kid more.

                      Comment


                      • #12
                        Originally posted by HammerDad View Post
                        EOW is irrelevant. If they have joint custody, decisions like moving schools must be made jointly. It may be more convenient or whatever, but that is not the point. Convenience of a parent is not always in the best interests of the child. If the change is in the best interests of the child, than they should put that argument forward and try reach an agreement. And if no agreement can be found, than they take it to court. Unilaterally deciding to change schools is not acting in good faith or as a joint custodial parent.

                        I don't see why we would be flippant with joint custodial decisions because it may be easier on the parent who has the kid more.
                        You nailed it, HD! Exactly the case. EOW is absolutely irrelevant. Both parents have 50/50 legal custody yet one parent consistently and continuously makes unilateral decisions undermining existing court order and parental role of another parent. Only when faced with the actions from the authorities, that parent started to actually discuss the change, not before. Before was this: I changed the schools, nothing you can do about it.

                        Yet during this discussion that same parent complains that the drive for them will be horrible, longer and very inconvenient. The question was posted: "How do you want me to drive in the morning?


                        For the record. The drive to the new school is 4 (four) minutes longer than to the old school for that parent. A google map was sent showing it yet: it will be so inconvenient for me and kid. All in writing!

                        This parent knows all too well, child had some serious problems last year, they were addressed and there are some encouraging signs of improvement. Moving schools will jeopardize this.

                        There is so much more to this, I just cannot discuss it here. So no to the move. Yes to the revision of this move before next school year based on the condition of the child.

                        The party that has to drive 4 more minutes will survive their own horrible, unthinkable inconveniences.
                        Last edited by Mother; 10-07-2019, 10:15 AM.

                        Comment


                        • #13
                          Originally posted by HammerDad View Post
                          EOW is irrelevant. If they have joint custody, decisions like moving schools must be made jointly. It may be more convenient or whatever, but that is not the point. Convenience of a parent is not always in the best interests of the child. If the change is in the best interests of the child, than they should put that argument forward and try reach an agreement. And if no agreement can be found, than they take it to court. Unilaterally deciding to change schools is not acting in good faith or as a joint custodial parent.

                          I don't see why we would be flippant with joint custodial decisions because it may be easier on the parent who has the kid more.
                          I'm not being flippant. What I'm doing is pointing out that this poster continually posts that they have joint 50/50, when in fact they have joint custody- with primary residence to the other parent. They don't have shared custody. As the child is with one parent the majority of the time.

                          Can the other parent move schools, unilaterally? No. But this poster also likes to play chicken little and made an entire thread on how they can get around the whole joint custody issue to take the child to have psychological testing done. See here: https://www.ottawadivorce.com/forum/...ad.php?t=22440

                          The poster likes to post 1/2 the story- presumably their half. Not saying the other parent is right for lying and making unilateral decisions without consulting. But this poster does not seem to be coming to the table with clean hands.
                          Last edited by iona6656; 10-07-2019, 10:30 AM.

                          Comment


                          • #14
                            Originally posted by iona6656 View Post
                            I'm not being flippant. What I'm doing is pointing out that this poster continually posts that they have joint 50/50, when in fact they have joint custody- with primary residence to the other parent. They don't have shared custody. As the child is with one parent the majority of the time.

                            Can the other parent move schools, unilaterally? No. But this poster also likes to play chicken little and made an entire thread on how they can get around the whole joint custody issue to take the child to have psychological testing done. See here: https://www.ottawadivorce.com/forum/...ad.php?t=22440

                            The poster likes to post 1/2 the story- presumably their half. Not saying the other parent is right for lying and making unilateral decisions without consulting. But this poster does not seem to be coming to the table with clean hands.

                            This poster owes you nothing and that the one and only thing I will ever tell you.


                            Forgot to mention. Thank you for your input but I am not interested in your opinion so you can skip all my posts you are so religiously following and commenting on.
                            Last edited by Mother; 10-07-2019, 10:43 AM.

                            Comment


                            • #15
                              Originally posted by Mother View Post
                              This poster owes you nothing and that the one and only thing I will ever tell you.


                              Forgot to mention. Thank you for your input but I am not interested in your opinion so you can skip all my posts you are so religiously following and commenting on.

                              Comment

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