• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Contempt Charges

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

GA.SMof2

Guest
What is the name of your state? GA

Let me preface my comments with I know that no one can predict how a judge will rule. But, my DH has documentation of four instances, since the ink became dry on the last court order in Jan 2003, when his X denied visitation. 1) She denied to allow me (his wife, but fiancee' at the time) to pick up the children when his work schedule prevented him from meeting her. 2) She denied Father's Day weekend, even though he sent her a letter that was returned as unclaimed, then followed up with an email which wasn't responded to. He followed up with a phone call the Thursday before Father's Day weekend and she told him that he could only have Father's Day. Of course, the CO reads that parties should attempt to adjust visitation to allow the father to have the children for the entire weekend. 3) She denied their attendance at our wedding this year, even though he asked her five months in advance if he could switch weekends so they could attend. 4) She denied visitation when she claimed she wasn't notified. DH sent her an email, which was an acceptable practice before, but she claimed on the day of the required exchange that she discontinued her email.

Our evidence: 1) A recent voicemail that she left that explained that I can now pick up the children solo since I am the wife. She admitted she denied earlier in the year because we were not yet married. We have letters that she had me sign prior to their last court hearing that acknowledge that she had given me permission to pick the children up solo from her residence. The last court order banned her from requiring letters to be signed at each visitation (I felt like I was picking up UPS packages, not children). 2) Unclaimed certified letter, email that we sent, and a letter that she sent to us explaining that she did not deny Father's Day and that both parties (DH and X) had to agree to allow the full weekend. She stated that my DH was telling her what to do and that he had no right to. 3.) A letter that explained that we should have planned our wedding for his weekend visitation and she was not going to switch it for his convenience. Of course, the wedding date was planned way in advance of their last court hearing. 4) Our outgoing email to her, an outgoing email to her email account and a ficticious email account -- received an undeliverable message for the fake account, hardcopy of their family website and user profile which showed that they updated their webpage and user account after the date she claimed she no longer had email, and a recorded conversation where she told my DH that she wasn't notified, that he had to call (which is not in the CO), and that she didn't have to tell him "sh**" when he asked her why she didn't tell him that she was discontinuing her email. Plus, she acknowledge during the conversation that she was aware that I had mentioned to the youngest child about a special event planned for the weekend.

With this much evidence, I am hopeful that she will be found in contempt of court. From personal experiences (and legal opinions), what is the likelihood?
 


stealth2

Under the Radar Member
A lot depends on what the CO actually says. It would seem that for Father's Day and your wedding, she didn't act contrary to the CO. As for your p/u prior to the marriage, even if that IS against the court order, she's rectified the situation. Not knowing what the visitation is, or what the notification is makes it impossible to say if #4 is contempt or not.

I wouldn't count on a whole lot happening.
 

snostar

Senior Member
One of the problems is that vague orders such as, "parties should attempt to adjust visitation to allow the father to have the children for the entire weekend", are practically impossible to prove they have been violated.

As to your question, no one can tell you how a judge will react.....which you already know. My ex was in violation of the order 121 times (I had physical proof for each instance) before he was actually found in contempt by a judge. Why didn't your husband file for contempt last year right after the incidents?
 

Whyte Noise

Senior Member
You might not like it, but here goes:

1.) Unless the court order specifically states that a third party can be designated to pick up the children, then legally, she is not in contempt for not allowing you to pick up the children. In order for her to be in contempt, there has to be something in that order that she denied. If it's not there, she isn't in contempt.

2.) Again... unless the court order states that he gets the entire weekend of Father's Day, then legally she doesn't have to provide it. My own Georgia order states "Father shall always have children on Father's Day, Mother shall always have children on Mother's Day", but says nothing about the entire weekend. The court order says, according to you, "parties should attempt to adjust visitation to allow the father to have the children for the entire weekend". It's all in the wording dear... it says "should". That means they CAN, but it's not MANDATORY that he have the entire weekend. Now.... if it said "shall" instead of "should"... you'd have a good leg to stand on.

3.) Once again... if it wasn't the Father's weekend, then legally she didn't have to allow it. Common courtesy would dictate differently, but you're dealing with a court order, and not courtesy. Trust me... I know how you feel. I got married last Saturday and only had one of my 3 children at my wedding. (One lives with me, the other 2 with their father.)

4.) A webpage update listing the E-mail account that was done AFTER she said she discontinued her E-mail isn't going to hold much water. I haven't updated my site in months, but that E-mail is no longer active. That doesn't prove much. Mentioning plans to a child for the weekend in question doesn't mean that notice was given to the other parent.

You "may" be able to get her on the denial of visitation... IF you can prove that she was indeed notified and received that notice. Not just "he said/she said".
 
G

GA.SMof2

Guest
CO Wording

I guess my DH won't win on every point, but the wording in the CO for the Father's Day visitation is "However, the parties shall attempt to adjust the weekend visitation so that the father shall have the child with him during the entire weekend of Father's Day..." The sad part is that he asked, in writing, to at least have the children call him on Father's Day and he did not receive a call. A subsequent letter from her told him that she asked the children twice if they wanted to call and they said no and she said she was not going to force them to do anything they didn't want to do. How about that for fostering a loving relationship with the other parent (which is in the court order as well)?
 

stealth2

Under the Radar Member
Re: CO Wording

GA.SMof2 said:
A subsequent letter from her told him that she asked the children twice if they wanted to call and they said no and she said she was not going to force them to do anything they didn't want to do. How about that for fostering a loving relationship with the other parent (which is in the court order as well)?
Up intil quite recently, my answer would have been quite different than it is now. Now, I'd have to ask - what does Dad do to get hold of the kids?

As for Father's Day - I really don't know that he's going to score on that point. The CO doesn't say that he SHALL have them Father's Day - it only says they shall ATTEMPT to arrange it. That's totally useless wording that needs to be modified.
 
G

GA.SMof2

Guest
Contacting Kids

DH calls and leaves messages for the children to return his call. No call back. We documented these events for at least the last six months. The children are 10 and 8 and they have never called on his birthday nor on Father's Day. The only time that we talk to the children on the phone is if we are lucky enough to reach them at home, which is rare. The children enjoy their visitations because they are playing, teasing, hugging us when they are with us, but they shut down emotionally (we are assuming because of her influence) toward us once they return to her residence.

DH has a court hearing for contempt charges and modifications to the CO, so we are going to ask for the Father's Day weekend language to be strengthened. DH has realized that if there is any way that the visitation schedule can be misinterpreted it will be by his X. She recently "interpreted" the every other national holiday schedule wrong...so that one will be addressed as well. Sure wish the original CO was stronger so we had a better position.

We hope our attorney will work majic at the hearing. At the last hearing, she stomped her foot and got defensive when the judge asked her questions because things were not going her way so we hope she loses her composure again and shows her true self.

All DH and I want is to enjoy the few years left with the children until they become of an age where their social life becomes more predominant in their life than parents.
 

stealth2

Under the Radar Member
What sort of language does the CO have regarding phone calls? Dad may want to have that firmed up as well.

We've had phone problems as well in the past (mostly when the kids have been with their Dad), so I have a court order that specifies when the children must be available for calls and if they are NOT, they must return the call w/in 24 hours. And that they are to be given free access to call or email the other parent when/if they choose to do so w/o any repercussions from the parent they're with.

The reason I asked the earlier question is because I now allow our kids to choose if they want to call Dad or not - up 'til about 2 months ago I would actively encourage them until they'd do it to just shut me up. LOL But he stopped calling them about then, and has refused to give them any way to contact him except through their stepmother, which is something they refuse to do. Our son has emailed him 3 times in the past month, and finally got a response today. Which the ex copied me on. Let's just say it was less than a warm response. So now I offer them the opportunity, but don't push it when they say no. I'm afraid he has a fair bit of repair work to do with them.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top