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  #1  
Old 11-04-2009, 09:29 PM
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contempt of order?


Wyoming

As the father of this child I have sole custody. In the papers filed in 1997 the childs mother was to have supervised visitation. Situations have now changed and I want to send him to live with her. Since there is a court order for supervised visitation, and it has not been changed, will the two of us be in contempt of court if he goes to live with her?

Thanks for all of you advice. It is greatly appreciated.
  #2  
Old 11-04-2009, 09:31 PM
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Quote:
Originally Posted by Jackie/Adam View Post
Wyoming

As the father of this child I have sole custody. In the papers filed in 1997 the childs mother was to have supervised visitation. Situations have now changed and I want to send him to live with her. Since there is a court order for supervised visitation, and it has not been changed, will the two of us be in contempt of court if he goes to live with her?

Thanks for all of you advice. It is greatly appreciated.
why was the supervised visitation implemented?

is mom still in the same circumstances? drugs? homeless? violence?

has mom had non-supervised visitation since the court order?
  #3  
Old 11-05-2009, 01:24 AM
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Yeah, what she said.

If the court order is as it is because that's what you two WANTED, you two can change it by stipulation (judge still has to sign off on it). In the meantime, you can't be in contempt unless you or she brings a motion to the court to have the other FOUND in contempt.

If the court ordered it for some cause, only the court can order something differently if they are convinced that cause no longer exists.
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  #4  
Old 11-05-2009, 02:39 AM
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Quote:
Originally Posted by Jackie/Adam View Post
Wyoming

As the father of this child I have sole custody. In the papers filed in 1997 the childs mother was to have supervised visitation. Situations have now changed and I want to send him to live with her. Since there is a court order for supervised visitation, and it has not been changed, will the two of us be in contempt of court if he goes to live with her?

Thanks for all of you advice. It is greatly appreciated.
What Isabella said.

And what has changed since then? What are the current circumstances?
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  #5  
Old 11-05-2009, 07:24 AM
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Quote:
Originally Posted by wileybunch View Post
Yeah, what she said.

If the court order is as it is because that's what you two WANTED, you two can change it by stipulation (judge still has to sign off on it). In the meantime, you can't be in contempt unless you or she brings a motion to the court to have the other FOUND in contempt.

If the court ordered it for some cause, only the court can order something differently if they are convinced that cause no longer exists.
I agree with this if CPS was involved. I do not agree with it if CPS was not involved. A court will not second guess two parents who are in agreement unless the child is a ward of the state...even if 10 years ago they were pointing fingers at each other and got one of them on supervised visitation.
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