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  • Filing Contempt Motion

    I have been through trial and a final order has been made. I am having trouble with access. I want to file contempt and get the judge to send a stronger message. There is no negotiating with this person, I have emails that I've sent and the responses.

    Should I just file a general application, motion or contempt?

    I've researched this a bit and what I've been seeing is that there has to be application and case conference before motions can be heard, only in emergency situations can you go straight to a motion. But I'm thinking that there has already been case conferences and a number of other appearances regarding our children.

    So, can I file a motion? Or do I need to start a new application?

  • #2
    Since you are simply trying to seek enforcement of an order made on a previous application, I would think that a motion would suffice. But I'm not sure; perhaps others know. You can always ask a court registry clerk.

    Did your research give you any idea of the odds of success, and if successful, what the Court might order. I have also have an access order that is frequently ignored.

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    • #3
      Not great, and if you're a father, worse, but baby steps. The courts are starting to recognize earlier that they're not happy when someone ignore's their orders. If anything it get's it on record that there is a problem with access. I am at the appeal stage, so if I can get this motion in before appeal and get a decision, then I maybe able to enter as 'fresh evidence'.

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      • #4
        I need the same kind of answer and I am not sure I understand. I have orders ( 5 in total) of which none have been followed by my estranged. My daughter requires braces, I have followed all protocols starting with a request for mediation after the first consult appointment last August. He ignores all orders of the court and I am wondering if in this instance I should follow a contempt motion or file a new motion to get my daughter these braces and have her dad pay his 50% as ordered. I don't really treasure the idea of waiting another 9 months to a year to get her these braces. However, my experience with court system has been dismal. Every time I have tried to bring forward a motion or a contempt motion, he turns it into another new motion for a change in access and custody and it drags on for 4 years. Help please.

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        • #5
          Have you tried FRO, I am not sure 100%, but I heard something about being able to sign affidavit of up to $5000.00 extraordinary expenses, they send him an oder to pay, if not then they take it off of his wages, eventually.

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