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  1. #1
    laurafhl is offline Junior Member
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    It is comtempt for filing false contempt charge???

    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.
  2. #2
    casa is offline Senior Member
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    Quote Originally Posted by laurafhl
    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.
    What does the court order say re; Who pays for transportation? If it's her- and she hasn't paid to get them or see them, then she has no leg to stand on filing contempt for denial of visitation.

    I'm confused as to the Child Support remark- Why would he pay her child support when he has custody? Or, is she complaining he didn't file against her for support? (And if that's the case, then that only shows she had MORE finances to get them for visitation- not less)

    Has your son checked state law regarding taping the phone conversations? If it's a 2 party consent law- then not only will the tapes be inadmissable- they may land him in trouble for illegally recording the conversations.

    Since she is alleging these things- she needs to prove them.
  3. #3
    laurafhl is offline Junior Member
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    In April of last year he was awarded custody of his children. They had been taken into state custody because of abuse by the ex and her new husband.. In the modification papers it states that because she does not have to pay child support she is responsible for any and all costs involved in visitation with the children and she is to get the kids and bring them back. She didn't bother to save the money to send for the kids or to come and get them.

    There are two parts to the modification.. One is that when he resided in the state of NY she has out of state visitation. the other part states that when he resides in OK she has standard visitation. Both are to be supervised by her parents in their home. The reason for the differences was because he was in the military.

    In both Oklahoma and New York only one person has to know that a conversation is being recorded.
  4. #4
    casa is offline Senior Member
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    Quote Originally Posted by laurafhl
    In April of last year he was awarded custody of his children. They had been taken into state custody because of abuse by the ex and her new husband.. In the modification papers it states that because she does not have to pay child support she is responsible for any and all costs involved in visitation with the children and she is to get the kids and bring them back. She didn't bother to save the money to send for the kids or to come and get them.

    There are two parts to the modification.. One is that when he resided in the state of NY she has out of state visitation. the other part states that when he resides in OK she has standard visitation. Both are to be supervised by her parents in their home. The reason for the differences was because he was in the military.

    In both Oklahoma and New York only one person has to know that a conversation is being recorded.

    Then he needs to make the children available for visitation (now that he's in state again) at the grandparent's house- per court order. If she doesn't show- then she doesn't show- document that.

    He should not go by any 'verbal' agreements pending this being heard in court. ie; not bringing the kids bc she said she wants counseling first. This is to protect him....because ultimately the court only cares that the parents are following the court order EXACTLY.

    I would think he doesn't have much to worry about since she is responsible for visitation and she didn't exercise it, and he has tapes of her stating why she didn't exercise it.

    If he wants the children in counseling- he should go ahead and do that, and participate. If the therapist feels Mom needs to be included in the sessions, they can go from there.

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