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  #11  
Old 05-09-2014, 05:35 PM
Links17 Links17 is offline
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I just successfully defeated a contempt motion - it is VERY difficult if not IMPOSSIBLE in this case for his contempt motion to succeed.

Not shared custody dads don't see their kids enough, let him come see the kids whatever way he wants, accommodate him even it isn't convenient anyways. Either he decides he wants to be more involved or he runs away and I would suggest you arrange a protocol with him in the future when he wants to visit his child (how much notice etc....) children do like routine and stuff...
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  #12  
Old 05-09-2014, 05:40 PM
Links17 Links17 is offline
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Just in response to taken's point

1. The Order must be crystal clear, not ambinguous
2. It must be clear that the order was not followed (acteus reus)
3. It must be proven without the shadow of a doubt (mens rea) that the person broken the order for no good reason and intentionally.

This contempt claim falls very hard at every point, if I were you, I would tell your lawyer to let your ex's lawyer burn your ex's money - teach him a lesson.
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Old 05-10-2014, 12:40 AM
Beachnana Beachnana is offline
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Quote:
Originally Posted by Links17 View Post
Just in response to taken's point

1. The Order must be crystal clear, not ambinguous
2. It must be clear that the order was not followed (acteus reus)
3. It must be proven without the shadow of a doubt (mens rea) that the person broken the order for no good reason and intentionally.

This contempt claim falls very hard at every point, if I were you, I would tell your lawyer to let your ex's lawyer burn your ex's money - teach him a lesson.
Yea, that is what we are doing. We have sent an offer to engage mediation but expect he will decline. What an absolute waste of money and time.
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  #14  
Old 05-10-2014, 12:46 AM
Beachnana Beachnana is offline
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Quote:
Originally Posted by Links17 View Post
I just successfully defeated a contempt motion - it is VERY difficult if not IMPOSSIBLE in this case for his contempt motion to succeed.

Not shared custody dads don't see their kids enough, let him come see the kids whatever way he wants, accommodate him even it isn't convenient anyways. Either he decides he wants to be more involved or he runs away and I would suggest you arrange a protocol with him in the future when he wants to visit his child (how much notice etc....) children do like routine and stuff...
She did try at the beginning, but he kept saying he wanted the flexibility as he said he was happy to work with her for the child's sake. He said it was not necessarily to pin down every visit and that could work on as needed basis. Hence the broad statements and vague clauses. One day after the agreement was signed he changed his tune.

The issue with this visit was not that he wanted to come but he had purchased a 1 way ticket for child and would not confirm when he would return and where he would be staying. Scary thoughts come to mind.
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  #15  
Old 05-10-2014, 09:31 AM
standing on the sidelines standing on the sidelines is offline
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Originally Posted by Beachnana View Post
The issue with this visit was not that he wanted to come but he had purchased a 1 way ticket for child and would not confirm when he would return and where he would be staying. Scary thoughts come to mind.
that would worry me also. I would automatically think that he is not going to return the child.
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  #16  
Old 05-10-2014, 10:31 AM
Beachnana Beachnana is offline
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That was her only thought and her only concern. He would not let him come back.
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