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  • Notice of contempt motion

    Hello All

    So as I promised I am working on contempt motion. And more I do more I questions I have.

    does anyone have real experience with such type of motions? Any real examples of affidavits? IT obviously that it should be written with different approach to show so called "beyond reasonable doubt"

    How it goes in court room? Is it long motion?
    Oral hearing?
    Cross-examination?

    Any info info very much appreciated.

    thank you

  • #2
    I was served with a contempt motion;
    1. Not forwarding many documents and tax forms, assessments.
    2. Not paying the temp SS amount ordered by the court
    3. Not forwarding my hair follicle test
    4. Added that I was guilty of parental alienation

    I responded with a very lengthy answer (over 275 paragraphs) after my lawyer did not respond to me after repeated attempts at my contacting him and I hired a new lawyer;
    1. I had forwarded all the documents withing 10 days to my lawyer who had a heart attack and could not be reached. The docs were emailed and were my proof.
    2. I did pay the SS amount which was more than 50% of my paycheck and the FRO are not entitled to take a monthly amount in one pay that is more than 50% of my pay. They made up for it on the next pay stub. Further, at her lawyers request, I made a prepayment of one month by courier since the FRO are slow in getting the money flowing. It was an act of good gesture but was not disclosed in her contempt charge
    3. Hair follicle test for alcohol returned negative; also forwarded the moment I received it in a timely fashion ( I attended the test within 7 days, the next available appointment) and results took 3 weeks
    4. Sworn that in my detailed answer, the parental alienation was self inflicted by her and described in great detail with evidence, that the children (12 and 14) did not wish to see her and that she had repeatedly not shown up for access as well as not contacted the children.

    The matter was settled all out of court and the judge just signed the settlement. No hearing in the court room. I regret not going in and proving her a liar on many issues.

    Comment


    • #3
      If it is for denial of access, maybe your jurisdiction has a specific "denial of access" motion.

      Contempt requires an intention to disobey an Order and people often find good excuses to show they didn't do something intentionally....eg. "It's not my fault, Your Honour, the kid just didn't want to get out of the car to see Dad!"

      You want to try to get a Judge to impose a penalty for every access denied unless the child is in the hospital....like $250 bucks per refusal.

      Comment


      • #4
        I (father) have the kids, who did not want to see their mother. My ex was awarded scheduled access. I did not deny access, the kids did. But my ex of course used alienation as an excuse to further her case.

        Comment


        • #5
          Originally posted by lorlaman View Post
          I (father) have the kids, who did not want to see their mother. My ex was awarded scheduled access. I did not deny access, the kids did. But my ex of course used alienation as an excuse to further her case.
          With all due respect, 12 and 14 year old children cannot deny access. You're the parent; you're in charge. If they decided they didn't want to go to school ever again, you would find a way to make sure they go wouldn't you? Furthermore, if the judge has ordered it, you are indeed in contempt if your kids don't comply and allowing them to disobey a judge's order is a really bad message to send.

          Maybe your ex is a truly horrible person who is a terrible influence on your kids, in which case some kind of family or re-unification counselling might be necessary, at least in the short term. If she makes an effort to see the kids, even if it's just for the purpose of furthering her case against you, and you don't do absolutely everything you can to help repair your kids' relationships with their mother they will not thank you for it in the long run.

          She may be the biggest bitch on wheels but I can't stress this enough, they are too young to make such an irrevocable decision as cutting their mother out of their lives.

          Comment


          • #6
            The mother had open access at her and the children's mutual acceptance. She did not exercise it. Then she had to justify it in court: my fault, I coach the kids;untrue, I tried to get them to see her and the kids and I have been in counseling by-weekly for a year trying to accept her and understand she is not well.

            The children had a fight with their mother, she was a drug addict, weened off amphetamines, but received no treatment. After the fight, kids wanted counseling to repair their relationship with her. She refused. Kids stood their ground and they did not see each other for a long time. Counseling is free with my benefits at work; no excuses.

            Lawyer brought contempt motion, my fault of course, not encouraging access.
            The kids are 13 and 15, not babies you can bundle up and have ready at the door. The mother did not exercise her access dates as defined. I cannot call ex and tell her to have a relationship with kids due to a peace bond after she was arrested for assault on me 2X and once on older daughter. Court cannot order a good relationship. It is up to the mother to nurture it. She has blamed me for all her faults all along and needed to justify this one; point fingers, I am in her line of sight.

            If the kids don't want to go to school, I will get them to school. If the kids do not want to see their mother because of her behavior and her lack of wanting to repair the relationship, I will not force the kids. Tell 13 and 15 year old girls to have a relationship with a friend they do not like; won't happen. Their mother has made the relationship what it is and she expects respect based simply on the fact that she gave birth. She is their mother, she is not their mom. BIG DIFFERENCE.

            Kids too young? I don't think so. They are borderline adults, not finger painting anymore. They choose their friends, TV programs, food, dress, music etc. If they could choose a different mother I am sure they would. You need to see the effects of 5 years of drug use and the reality of what she has become, and a mom is not in that reality. The kids and I lived with the side effects of the drugs, now we are living with the side effects of the breakdown. She has refused treatment, personal and marital counseling and now decided to destroy the relationship with the kids. I will not condone it.

            Comment


            • #7
              I am sorry guys but it's not really what I asked in my post.
              I still hope to get at least some answers before thread will die.

              thx

              Comment


              • #8
                Originally posted by WorkingDAD View Post
                Hello All

                So as I promised I am working on contempt motion. And more I do more I questions I have.

                does anyone have real experience with such type of motions? Any real examples of affidavits? IT obviously that it should be written with different approach to show so called "beyond reasonable doubt"

                How it goes in court room? Is it long motion?
                Oral hearing?
                Cross-examination?

                Any info info very much appreciated.

                thank you
                I thought I understood your question: anyone have any real experience on a contempt motion...Any info info very much appreciated...and I gave you mine.
                Maybe your question was not clear to me, but others responded to my actual contempt motion issues, not your question.
                I had a real experience with a contempt motion; of which, went off on a different tangent to your question. Sorry for the misunderstanding.

                Maybe you should remove the variable 'any'
                If you like yo can PM me and I can send you the actual copies of the contempt motion affidavit.

                Best regards

                Comment


                • #9
                  Originally posted by lorlaman View Post
                  The mother had open access at her and the children's mutual acceptance. She did not exercise it. Then she had to justify it in court: my fault, I coach the kids;untrue, I tried to get them to see her and the kids and I have been in counseling by-weekly for a year trying to accept her and understand she is not well.

                  The children had a fight with their mother, she was a drug addict, weened off amphetamines, but received no treatment. After the fight, kids wanted counseling to repair their relationship with her. She refused. Kids stood their ground and they did not see each other for a long time. Counseling is free with my benefits at work; no excuses.

                  Lawyer brought contempt motion, my fault of course, not encouraging access.
                  The kids are 13 and 15, not babies you can bundle up and have ready at the door. The mother did not exercise her access dates as defined. I cannot call ex and tell her to have a relationship with kids due to a peace bond after she was arrested for assault on me 2X and once on older daughter. Court cannot order a good relationship. It is up to the mother to nurture it. She has blamed me for all her faults all along and needed to justify this one; point fingers, I am in her line of sight.

                  If the kids don't want to go to school, I will get them to school. If the kids do not want to see their mother because of her behavior and her lack of wanting to repair the relationship, I will not force the kids. Tell 13 and 15 year old girls to have a relationship with a friend they do not like; won't happen. Their mother has made the relationship what it is and she expects respect based simply on the fact that she gave birth. She is their mother, she is not their mom. BIG DIFFERENCE.

                  Kids too young? I don't think so. They are borderline adults, not finger painting anymore. They choose their friends, TV programs, food, dress, music etc. If they could choose a different mother I am sure they would. You need to see the effects of 5 years of drug use and the reality of what she has become, and a mom is not in that reality. The kids and I lived with the side effects of the drugs, now we are living with the side effects of the breakdown. She has refused treatment, personal and marital counseling and now decided to destroy the relationship with the kids. I will not condone it.

                  No doubt you and your kids have been through hell. And if their mother won't attend counselling, won't show up for her parenting, won't do anything on her side to make things better I agree there is nothing you can do. 13 and 15 is still young though. Just because they're not finger painting doesn't mean they are capable of making adult decisions. Hopefully for everyone's sake the door stays open if their mother decides to get her act together. I wish the best for you.

                  WorkingDad, sorry for hijacking your thread!

                  Comment

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