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Contempt of temporary parenting plan

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Sherlene

Junior Member
What is the name of your state? Sherlene from Tennessee

My husband has three children with his ex-wife two of which are in our physical custody and one child with the ex-wife.

According to a temporary (and only) parenting plan ordered almost two years ago. There was weekly visitation and no out of state trips lasting longer than three days with other parents knowledge and consent. The ex-wife left with the youngest son that was in her physical custody as so ordered, and has not allowed the boy to call his father at all and has never provided a telephone number and the address has changed several times.

The ex-wife is planing a vacation to Tennessee and wants to see the children we have by way of a Grandparent and does not want us to know that she is in the state because she is affraid that she will not be permitted to leave the state if we knew she was here.

My question is with almost two years passing and the ex-wife's lack of communication to arrange some type of visitation and my husband and I are on a limited budget what rights does my husband have to the son he has been denied visitation and did the ex-wife break any laws that are punishable by the state and what should we do to fix this situation?

Thank you for your time and attention to the above.

Sherlene
 


casa

Senior Member
Sherlene said:
What is the name of your state? Sherlene from Tennessee

My husband has three children with his ex-wife two of which are in our physical custody and one child with the ex-wife.

According to a temporary (and only) parenting plan ordered almost two years ago. There was weekly visitation and no out of state trips lasting longer than three days with other parents knowledge and consent. The ex-wife left with the youngest son that was in her physical custody as so ordered, and has not allowed the boy to call his father at all and has never provided a telephone number and the address has changed several times.

The ex-wife is planing a vacation to Tennessee and wants to see the children we have by way of a Grandparent and does not want us to know that she is in the state because she is affraid that she will not be permitted to leave the state if we knew she was here.

My question is with almost two years passing and the ex-wife's lack of communication to arrange some type of visitation and my husband and I are on a limited budget what rights does my husband have to the son he has been denied visitation and did the ex-wife break any laws that are punishable by the state and what should we do to fix this situation?

Thank you for your time and attention to the above.

Sherlene
The Dad could/should have notified the police and requested a report when he was initially denied visitation- then bring that to court and file against her for contempt.

It's 2 yrs later, however, and will be a bit harder- but he can still file contempt for her refusing to follow the court order for the last 2 yrs.

If Mom won't divulge her whereabouts, I wouldn't advise Dad to send the children to visit with her. If Mom files contempt, she will have to answer to it herself.

It's always better to have an attorney- At the very least a free or low-cost consult to get better direction as to how to proceed in your state.
 

Sherlene

Junior Member
Contempt of parenting plan

Sherlene from Tennessee.

What kind of consequences can be imposed for breaking a court order temporary parenting plan?

If the ex-wife finds out she might not be able to leave the state of Tennessee she will leave again. Is there anyway to have the child placed in the custody of the Father as she is a threat to leave the state again with the child?

Thanks again,
Sherlene
 

LdiJ

Senior Member
Sherlene said:
Sherlene from Tennessee.

What kind of consequences can be imposed for breaking a court order temporary parenting plan?

If the ex-wife finds out she might not be able to leave the state of Tennessee she will leave again. Is there anyway to have the child placed in the custody of the Father as she is a threat to leave the state again with the child?

Thanks again,
Sherlene
Well...he could make an attempt at emergency, temporary custody...but I definitely would consult with a local attorney about whether or not that's a realistic possibility.
 

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