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Filing a Contempt Charge Successfully

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What is the name of your state?Oklahoma

Grrrrrrrrrrrrrrr

This is getting out of hand.

Today, the CP called my husband and decided that she doesn't want him to come over tomorrow to visit his daughter (as previously agreed upon.) So she said if he wants to visit his daughter, he needs to come today and that he needed to come between 1:00pm and 3:00pm. Of course, she called about an hour before that time and he didn't have enough time to make childcare arrangements, as I am at work. Yes, she knew that and I'm sure that's how she planned it, but this is the second week that has happened. She is being very manipulative. Last week, my husband dropped our kids off with a babysitter and then headed to her house to visit his daughter as scheduled and he called her on the phone to let her know he was on the way, and she said she wasn't home and was busy and that visitation was cancelled. We are getting really frustrated because she is denying visits and all we have is what we log and no way to prove it. It's basically her word against ours. What can we do?
 


LdiJ

Senior Member
You need an attorney...its that simple. She isn't going to cooperate so you need to bring out the "big guns" and let her know that she HAS to cooperate.
 
Actually, we do have a very good attorney, but I'm a worrier. I'm always afraid that even if we bring in the logs, and the journals, etc that they aren't going to believe us. She claims that her mother is her witness that he hasn't been "showing up" for visitation, even though the truth is she keeps turning him away. We were thinking about tomorrow, when he was normally supposed to have his visitation, having him show up with the police so that when she denies him visitation we can have a police report. Is that a good idea or no?
 
Depends

Believe me, I have been there. The police sometimes can be of assistance, and other times not! Make sure that you have the divorce aggreement in hand and it might help if you would look up and print out "The Unlawful Visitation Interference Law". Take this with you and the authorities are more apt to be of assistance. Good Luck!
 
The police will not help in my city. They state that it is a civil matter that must be handled by the courts and so they will not even take a police report. My husband and I started sending her certified letters for each week of visitation (Notice of Intent to Exercise Visitation) so that there is no doubt about when visitation is scheduled. However, she has been getting the letters (and we have the return receipts to confirm this) but says she will not be responding. So we decided, based on the statement in the letter that says if she doesn't write back to make other arrangements that the scheduled time stands, that he will show up anyways and take a witness and document the denied visitation. I hope this will work as evidence in court.
 

gatorguy3

Member
Re: Filing a Contempt Charge

She is certainly blatently in contempt.

I would have your attorney file for contempt and make sure you have all your proof together.

I have seen cases where custody has changed hands in such situations. She has no right to change the times of a custody order. Once, I could see...two, three or more is rediculous and blatent.
 
stepmom&mom said:
The police will not help in my city. They state that it is a civil matter that must be handled by the courts and so they will not even take a police report. My husband and I started sending her certified letters for each week of visitation (Notice of Intent to Exercise Visitation) so that there is no doubt about when visitation is scheduled. However, she has been getting the letters (and we have the return receipts to confirm this) but says she will not be responding. So we decided, based on the statement in the letter that says if she doesn't write back to make other arrangements that the scheduled time stands, that he will show up anyways and take a witness and document the denied visitation. I hope this will work as evidence in court.
Did you look up and see if Oklahoma has such a law? The one that Illinois has states that an officer must give the CP a notice to appear if he has info that she has or is denying the visitation.
 
Unfortunately, there is no mention of this in Oklahoma law:


Oklahoma Statutes Citationized
Title 43. Marriage
Section 111.3 - Enforcement of Visitation Rights of Noncustodial Parent.
Cite as: O.S. §, __ __


--------------------------------------------------------------------------------



A. When a noncustodial parent has been granted visitation rights and those rights are denied or otherwise interfered with by the custodial parent, in addition to the remedy provided in subsection B of Section 111.1 of Title 43 of the Oklahoma Statutes, the noncustodial parent may file with the court clerk a motion for enforcement of visitation rights. The motion shall be filed on a form provided by the court clerk. Upon filing of the motion, the court shall immediately:

1. Issue ex parte an order for mediation; or

2. Set a hearing on the motion, which shall be not more than twenty-one (21) days after the filing of the motion.

B. Within five (5) days of termination of mediation ordered pursuant to paragraph 1 of subsection A of this section, the mediator shall submit the record of termination and a summary of the parties' agreement, if any, to the court. Upon receipt of the record of termination, the court shall enter an order in accordance with the parties' agreement, if any, or set the matter for hearing, which shall be not more than ten (10) days after the record of termination is received by the court.

C. Notice of a hearing pursuant to subsection A or B of this section shall be given to all interested parties by certified mail, return receipt requested, or as ordered by the court.

D. If the court finds that visitation rights of the noncustodial parent have been unreasonably denied or otherwise interfered with by the custodial parent, the court shall enter an order providing for one or more of the following:

1. A specific visitation schedule;

2. Compensating visitation time for the visitation denied or otherwise interfered with, which time shall be of the same type (e.g. holiday, weekday, weekend, summer) as the visitation denied or otherwise interfered with, and shall be at the convenience of the noncustodial parent;

3. Posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting visitation rights;

4. Assessment of reasonable attorney fees, mediation costs, and court costs to enforce visitation rights against the custodial parent;

5. Attendance of one or both parents at counseling or educational sessions which focus on the impact of visitation disputes on children;

6. Supervised visitation; or

7. Any other remedy the court considers appropriate, which may include an order which modifies a prior order granting child custody.

E. If the court finds that the motion for enforcement of visitation rights has been unreasonably filed or pursued by the noncustodial parent, the court may assess reasonable attorney fees, mediation costs, and court costs against the noncustodial parent.

F. Final disposition of a motion filed pursuant to this section shall take place no later than forty-five (45) days after filing of the motion.

G. The Office of the Court Administrator shall develop the form required by subsection A of this section to be used for a motion to enforce visitation rights.

Historical Data
 
stepmom&mom said:
Unfortunately, there is no mention of this in Oklahoma law:


Oklahoma Statutes Citationized
Title 43. Marriage
Section 111.3 - Enforcement of Visitation Rights of Noncustodial Parent.
Cite as: O.S. §, __ __


--------------------------------------------------------------------------------



A. When a noncustodial parent has been granted visitation rights and those rights are denied or otherwise interfered with by the custodial parent, in addition to the remedy provided in subsection B of Section 111.1 of Title 43 of the Oklahoma Statutes, the noncustodial parent may file with the court clerk a motion for enforcement of visitation rights. The motion shall be filed on a form provided by the court clerk. Upon filing of the motion, the court shall immediately:

1. Issue ex parte an order for mediation; or

2. Set a hearing on the motion, which shall be not more than twenty-one (21) days after the filing of the motion.

B. Within five (5) days of termination of mediation ordered pursuant to paragraph 1 of subsection A of this section, the mediator shall submit the record of termination and a summary of the parties' agreement, if any, to the court. Upon receipt of the record of termination, the court shall enter an order in accordance with the parties' agreement, if any, or set the matter for hearing, which shall be not more than ten (10) days after the record of termination is received by the court.

C. Notice of a hearing pursuant to subsection A or B of this section shall be given to all interested parties by certified mail, return receipt requested, or as ordered by the court.

D. If the court finds that visitation rights of the noncustodial parent have been unreasonably denied or otherwise interfered with by the custodial parent, the court shall enter an order providing for one or more of the following:

1. A specific visitation schedule;

2. Compensating visitation time for the visitation denied or otherwise interfered with, which time shall be of the same type (e.g. holiday, weekday, weekend, summer) as the visitation denied or otherwise interfered with, and shall be at the convenience of the noncustodial parent;

3. Posting of a bond, either cash or with sufficient sureties, conditioned upon compliance with the order granting visitation rights;

4. Assessment of reasonable attorney fees, mediation costs, and court costs to enforce visitation rights against the custodial parent;

5. Attendance of one or both parents at counseling or educational sessions which focus on the impact of visitation disputes on children;

6. Supervised visitation; or

7. Any other remedy the court considers appropriate, which may include an order which modifies a prior order granting child custody.

E. If the court finds that the motion for enforcement of visitation rights has been unreasonably filed or pursued by the noncustodial parent, the court may assess reasonable attorney fees, mediation costs, and court costs against the noncustodial parent.

F. Final disposition of a motion filed pursuant to this section shall take place no later than forty-five (45) days after filing of the motion.

G. The Office of the Court Administrator shall develop the form required by subsection A of this section to be used for a motion to enforce visitation rights.

Historical Data
Ok, so why not file contempt? I'm not sure if the notice will work. I know that I just got a copy of it from our attorney Monday and we are going to try it this Friday when we go to pick up the child. If it doesn't work we will then have to file contempt as well.
 
stepmom&mom said:
We are definately filing contempt in January (when we finally can afford it.)
In my opinion contempt is contempt. Attorney or no attorney. We are in the same shoes as you. In my opinion why pay an attoreny when the ex is the one in contempt?
 
Well, for one thing, she's a pretty handy liar. She has an attorney. Also, contempt is grounds for modification of the order (which we are also requesting.) So I'm just not sure if we should go it alone.
 
stepmom&mom said:
Well, for one thing, she's a pretty handy liar. She has an attorney. Also, contempt is grounds for modification of the order (which we are also requesting.) So I'm just not sure if we should go it alone.
Ok, talk to me here! I'm pretty new to this! Grounds for modification...as in custody?
 
Yes, our lawyer said that a contempt charge is grounds for a modification. We could either request a custody modification (perhaps joint custody) or a modification of the visitation schedule, requiring a more specific schedule to be outlined. We have not decided which we will shoot for yet. Joint custody would be great, but I don't know if the courts will go for it or not, though, I've heard from others who have been through the family courts here that the judges really disapprove of CP's that interfere in visitation and phone calls between NCP and child and they have been known to give custody to the other parent.
 

efcoco1

Member
Again..

Judge told my ex..that visitation cannot be denied unless he physically shows up at the door. He cant make a phone call..and because nobody answers..assume that the child is not available for pickup. The judge says that if I (custodial parent) told him via phone conversation that he could not see our child ..and this was not agreeable with him..he still would have to show up on time to attempt to exercise his visitation rights/privileges...and then if I refused or did not make child available..then...I was in contempt. Document times..dates. If necessary, video.
 

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