False Contempt

[Azian72]

What is the name of your state? Louisiana interstate Texas
My friend has a custody order that state the father must call before May 1st to arrange summer visitation, he sent her a certified letter on June 13th. He lives in Austin, TX and she lives in Hicks, Louisiana. They got her on contempt on the visitation. He was calling their son and trying to make arrangements to pick him up, but it states clearly on the order, that the father is to notify the mother before May 1st every year to arrange the summer visitation plans. What should she do?

 

[CandiceH]

Which is it? You stated in the first sentence that father must "Call before May 1" then you stated in the last sentence that the father must "notify" the mother by May 1st. What EXACTLY does the court order state? (word for word - not interpretation because no one here can help you without that information).

And how could there already be a "contempt"? When was he suppose to pick up the child?

 

[Azian72]

It's May 1st, I made that pretty clear... he has to notify her. That's what the court order states, exactly. And that answers your 2nd questions, I just repeated it.

Which is it? You stated in the first sentence that father must "Call before May 1" then you stated in the last sentence that the father must "notify" the mother by May 1st. What EXACTLY does the court order state? (word for word - not interpretation because no one here can help you without that information).

That's my question, he took partial of the court order and they when with that. And put her in contempt. I looked up the law, and I advised her to take her copy of the court order and the certified letter that came 1 1/2 months late and file for false information. Which is under RS 14:126.1 under the Louisiana law, about false statements or reports made to any state agency or judicial, etc. They can be fined from 1 to 5 years, no fines, of hard labor. He took partial of the court order, not the entire court order and manipulated the situation.
And how could there already be a "contempt"? When was he suppose to pick up the child?

 

[Noelle_71]

It's May 1st, I made that pretty clear... he has to notify her. That's what the court order states, exactly. And that answers your 2nd questions, I just repeated it.

If it is the standard Texas order, what it states is that if the dates are to be specific, the NCP must notify the CP before May 1st, (in my case, April 1st) if not, the visitation defaults to July 1st for 30 days. But that's in my case, you'd have to look at her default period of time, if it's June 1st, she's screwed.
Your friend should be okay if he cannot prove that he notified her before the deadline. Just show them the order. You'd have a hard time proving that he falsly filed anything, it's near impossible. I've tried it, the court doesn't care.

 

[Azian72]

Thank you for your help... I will let her know. God Bless and if you are a father, happy father's day...

If it is the standard Texas order, what it states is that if the dates are to be specific, the NCP must notify the CP before May 1st, (in my case, April 1st) if not, the visitation defaults to July 1st for 30 days. But that's in my case, you'd have to look at her default period of time, if it's June 1st, she's screwed.
Your friend should be okay if he cannot prove that he notified her before the deadline. Just show them the order. You'd have a hard time proving that he falsly filed anything, it's near impossible. I've tried it, the court doesn't care.

 

[acmb05]

What is the name of your state? Louisiana interstate Texas
My friend has a custody order that state the father must call before May 1st to arrange summer visitation, he sent her a certified letter on June 13th. He lives in Austin, TX and she lives in Hicks, Louisiana. They got her on contempt on the visitation. He was calling their son and trying to make arrangements to pick him up, but it states clearly on the order, that the father is to notify the mother before May 1st every year to arrange the summer visitation plans. What should she do?

Well she could have started off by asking the father why he was late in getting in his request and then she could have possibly worked out his visitation instead of just not letting him have it all together.

So when did he start calling the son to work out a pick up time? If it was before May 1st your friend may have a problem.

 

[Azian72]

He never called her, he would talk to their son. She got a certified letter in the mail dated June 13th. He was supposed to contact her before May 1st, but he never called her.

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Well she could have started off by asking the father why he was late in getting in his request and then she could have possibly worked out his visitation instead of just not letting him have it all together.

So when did he start calling the son to work out a pick up time? If it was before May 1st your friend may have a problem.