• 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 OF COURT for violating visitation HELP

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

Status
Not open for further replies.

Coleman

Junior Member
I am in Southern California. My son's father and I have a court ordered parenting plan. Its in phases that allow our son and his father bonding time because they have just recently met. The visits are at the park, mall, open areas but my sons father isnt allowed to take him to his home yet because of their new relationship. On the day of a visit (Tuesday) my son woke up with a 103 degree fever and was vomiting so I told my sons father that we'd have to reschedule because playing outside isnt best for a sick 1 year old. I took our son to the Dr and she confirmed that he was indeed sick and should rest. The following Sunday my son was feeling better but still too sick to play outside in my opinion so I asked the FOB to reschedule he instead called the police and is now pressing contempt of court charges with family law.

I know the law is not based on a mothers intuition, however its common sense that a 1 year old shouldnt play outside sick. It could put him at risk for a serious illness. At my sons age i cannot give him cough medicine or anything either so he has to get better on his own with the help of fever reducer. (By the way he was still sick for next tuesdays visit and I let him go, I had to take him BACK to the dr cause he got sick again this time with an ear ache)

My question is if any, what will be my punishment? (jail, fine, change of custody) Should I ask for a public defender?
 


Zigner

Senior Member, Non-Attorney
The child is 1. The child can sit in a stroller inside the local mall...or even go to a toystore at the local mall. I think you were out of line on Sunday.
 

stealth2

Under the Radar Member
Why couldn't you offer Dad visitation indoors - like at your place? Do you know Dads are as capable of caring for sick kids as Moms are?
 

Zigner

Senior Member, Non-Attorney
And, I am curious. How do you KNOW he is moving forward with contempt proceedings? The courts have only been OPEN for 3 hours.
 

Coleman

Junior Member
I know he can take care of him, I never questioned his capabilities as a father, but as a mother I know how easy it is for my son to get sick when he already has a mild fever. But this was 3 weeks ago, Ive been served so thats how I know. The questions I asked were:

1. What is the contempt of court sentence in family law if found guilty
2. Should I ask for a public defender
 

Coleman

Junior Member
Opps and I forgot..I did offer him to come inside. He didnt want to :( and we live in San Diego, there arent any indoor malls near us and they weather wasnt as sunny as Sunny San Diego should be.
 

Just Blue

Senior Member
Opps and I forgot..I did offer him to come inside. He didnt want to :( and we live in San Diego, there arent any indoor malls near us and they weather wasnt as sunny as Sunny San Diego should be.
What was the temp outside during this visit?
 

Coleman

Junior Member
59 degrees Does anyone have any info on the actual proceedings? Or give an insight on the situation?
 

DownTime

Member
A baby with a fever is worse than, say, an older child (7-12, school age after initial 'innoculation' at school).

Since this sounds as though withholding is not something you do normally (or even sporadically), and that you did offer an alternative given the situation that was not accepted, it doesn't appear that contempt is warranted.

HOWEVER, Dad is doing what would likely be suggested to him to do if it was him that came here instead of you. He is essentially nipping a possible future problem by filing contempt now.

So, as long as you follow the court order to the letter as is, and tried to resolve the issue with dad still seeing his child, then I have to disagree with the above that you 'messed up' here.

Contempt can be anything from make-up time, to a fine, to a verbal wrist-slap, but jail seems highly unlikely. As long as it is not a habit and you tried to make alternate plans in dad's favor, that's your best defense.
 

Coleman

Junior Member
Thank you DownTime for your insight! I just wanted to know what could possibly happen in this situation. We even have email transmission where I said that we could reschedule, but I do see his side and I would do the same if I were in his position.

Do you think I should ask for a court appointed attorney since it is a criminal case?

And it was 59 degrees I googled it just for you! :) 59 isnt freezing but it is mighty cold for a baby with a fever.
 

TinkerBelleLuvr

Senior Member
When a child is sick, as with fever that justifies a trip to a doctor's office, is it smart to have them exposed to even more germs, etc? And when you live in warmer climes, 59 can feel quite cold. I realize that Blue lives up north, but this is NOT the case in San Diego.

To be found in contempt, you have to WILLFULLY violate the court order. Using common sense and having a child NOT be tromping around here there and everywhere because they are sick has less chances of mom being found in contempt. If mom offered alternatives, including visiting in the child's home, then it doesn't sound like she was attempt to thwart the visitation.

When you go to court, make sure that the illness is documented.
 

CJane

Senior Member
When a child is sick, as with fever that justifies a trip to a doctor's office, is it smart to have them exposed to even more germs, etc? And when you live in warmer climes, 59 can feel quite cold. I realize that Blue lives up north, but this is NOT the case in San Diego.

To be found in contempt, you have to WILLFULLY violate the court order. Using common sense and having a child NOT be tromping around here there and everywhere because they are sick has less chances of mom being found in contempt. If mom offered alternatives, including visiting in the child's home, then it doesn't sound like she was attempt to thwart the visitation.

When you go to court, make sure that the illness is documented.
This is key, and often ignored by members of this (and other) forums.

Dad doesn't just have to prove that he didn't receive his visitation. He has to prove that you willfully withheld the child from him. From what you've stated, he's going to have a hard time doing that.

I can guess, but that's all it is, that you'll receive a stern talking to.
 

Just Blue

Senior Member
When a child is sick, as with fever that justifies a trip to a doctor's office, is it smart to have them exposed to even more germs, etc? And when you live in warmer climes, 59 can feel quite cold. I realize that Blue lives up north, but this is NOT the case in San Diego.

To be found in contempt, you have to WILLFULLY violate the court order. Using common sense and having a child NOT be tromping around here there and everywhere because they are sick has less chances of mom being found in contempt. If mom offered alternatives, including visiting in the child's home, then it doesn't sound like she was attempt to thwart the visitation.

When you go to court, make sure that the illness is documented.
Please. Blue DOES live in colder Northern clime. BUT REALLY NOW! Child is better off in indoor Mall as opposed to brisk FRESH air? REALLY? :rolleyes:

If child's temp was so high to warrant a lack of visit to Dad then child should have been at the Pedi. Normal temp is 97-99 in humans. If child had a temp within 1 point of norm then bundle kiddo up and proceed with COURT ORDER. :)
 

Coleman

Junior Member
.

When you go to court, make sure that the illness is documented.
I actually just picked up the records from the 2 Drs visits. The first one says that she should rest but that was Tuesday and Im not aware if the judge will accept it counting for Sunday was well. However the following Sunday visit FOB did notice that he was still sick :( but thank you so much for the information. It seems as though the punishment, if found in contempt, it totally up to the judge.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

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