What is the name of your state?
My son was served papers for indirect contempt for not allowing visitation to the non-custdial parent.
In the papers that she file she said that he had been denying visitation since August of 2004. However she failed to mention in the papers that "While he resides in the state of NY she had out of state visitation. He did not impute child support on her while he was in the army in NY so that she could afford to send for the kids at Christmas and spring break. He has taped conversations with her. On those tapes she claimed she couldn't afford to send for the kids. In the 7 months that he was in NY she called the children maybe once a month and sent no card or gifts to them.
Now he has been back in his home state of OK since the end of April. Ex has supervised visitation according to the standard visitation schedule but the visitation has to take place in the home of her parents. Because of some issues that I don't want to get into here, they had a conversation on tape in which she agreed to wait until the kids got into counseling and also for her and my son to get into counseling before she saw the kids. My son said that he would get his attorney working on the modification. She seemed actually happy about the thought that they would all get into counseling to work out thier issues. 6 days later she filed the contempt charge... Now he has taped conversations of all these matters with her.
Is she in contempt for even filing?? Did she lie in the filing by not mentioning that he did NOT deny her visitation while he was out of state but that she didn't take advantage of her opportunities to have visitation? She has technically missed two weekends since he has been back and this first week of June. But he did so because she had agreed to this on tape.