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Thread: I may be held in contempt.

  1. #16
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    Quote Originally Posted by Blue Meanie View Post
    POST Hx is interesting.
    Probably a little confusing as well?
  2. #17
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by randomdancing View Post
    Probably a little confusing as well?
    Not for the Mentally Healthy.
  3. #18
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    Quote Originally Posted by Blue Meanie View Post
    Not for the Mentally Healthy.
    That was actually a pretty mean thing to say.
  4. #19
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by randomdancing View Post
    That was actually a pretty mean thing to say.
    Why do you think so? My comment was not meant as "mean".
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    Quote Originally Posted by Blue Meanie View Post
    Why do you think so? My comment was not meant as "mean".
    I think it was a little offensive. I had admitted to having a mental health condition and that my situation is a tad confusing. I felt like your comment about it not being confusing for the mentally healthy was an attack on me over my mental health issues.
  6. #21
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by randomdancing View Post
    I think it was a little offensive. I had admitted to having a mental health condition and that my situation is a tad confusing. I felt like your comment about it not being confusing for the mentally healthy was an attack on me over my mental health issues.
    No RD. I simply meant that it is unlikely that your post(s) would seem confusing to someone without MH problems. It was was not meant as a "dig" at you. Sorry that it seemed it was. I really did not intend that.
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  7. #22
    gam
    gam is offline Senior Member
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    Quote Originally Posted by randomdancing View Post
    What is the name of your state (only U.S. law)? Michigan.


    In my court order for parenting time it states that I am to remain compliant with (facility) in mental health services. (Anxiety disorder)
    I was discharged from that facility a few months ago and have not been in any services. FOC states that the facility reported to them that I was not in compliance. But I have a letter from them saying that my therapist and I mutually agree to end services.

    My ex has filed a complaint with FOC about me not being in treatment so we have a show cause hearing coming up. Would that letter from the facility show that I was in fact in compliance and they just ended my services?

    The show cause is also for my EX to show cause for denying visitation the weekend of July 5th. In the papers I got, it says that she responded that I had not taken my visitation in two months prior to that and I only let her know the day of pick up that I would be exercising my time. I have documentation that I had taken visitation regularly during that time and that I contacted her 3 days before the pick up date and stated that I would be exercising my time. But my question is, how did she respond? I filled a complaint the Monday after denial and this is the first I'm hearing of it. But she filled a complaint as well, and I did not get a chance to respond. I didn't know they let you respond. I've never been at risk of being in contempt before.
    Normally how it works in Mi if the court orders you to therapy, the court will require the facility to send them reports. Does the order name a particular facility or does it just say compliant with mental health services?

    The therapist could end services with you, however that does not mean you just don't have to go to therapy. It all depends on exactly what your order states concerning mental health services. I don't believe your giving us exactly what your order states. FOC will not hold a show cause hearing without the complaint fitting the court order you have.

    The facility submitted a report to FOC stating your not compliant, so you must provide proof that you are. Sounds to me like your confused on what your order states concerning what you have to do concerning mental health services.

    When your ex filed a complaint, FOC would have sent you a letter and on that letter it will clearly state how many days you have to respond, hearing date will automatically be set, however depending on your response that hearing may or may not take place. You didn't respond, so the hearing is taking place. Since the facility sent FOC a report stating your not compliant with therapy, and you didn't respond to the complaint your ex filed with FOC, FOC has no choice but to hold a show cause hearing. Again the contact to notify you of the hearing by the court(FOC or the circuit court)would clearly tell you what rights you have and how long you have to file a response. They will not buy your excuse that you didn't know, it's on the paperwork. If for some strange reason it was not(I have never seen that happen in MI, standard letters and forms they use), it still is not an excuse, it is up to you to understand and know what your rights are concerning your case, including your rights to respond. It's information that is found in your FOC Handbook and you should have been aware of it.

    Look up your county FOC Handbook online, if it is not online, then pick one up at your FOC office or call them and they will mail you one.
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  8. #23
    gam
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    Quote Originally Posted by randomdancing View Post
    How should I have gone about that when this happened? Could I have objected to her objection? Should I have brought it up in court as not being any of her business? She has been in mental health services for years and has taken medication diagnosed usually for bipolar disorder. But I felt like if I brought that up it would seem like I am playing her game and just trying to win. I didn't say anything negatively about her during the entire process and now I think I should have brought a lot of it to the judge's attention.

    This was almost a year ago when she wrote that. And only a few months after that that it was placed in the court order.
    You should have filed a response to her objection or you could have argued against her objection at the court hearing. Obviously you did not, that is why it was put in the order. It is her business, as your mental health can impact your ability to care for your child, she believe it was, so she filed an objection. You failed to prove to the court that your mental health was not affecting your care of your child, so you now have something in your order concerning treatment. Matters little if your mental health condition is not affecting your care of the your child, you didn't bother to prove to the the court that her argument was false. Now you must follow your order concerning treatment of your mental health, or convince the court that your mental health does not affect your care of your child, and get that out of your order. Every piece of paperwork coming out of the court, always has your rights to respond or object to the order or complaint, it lists the time frame for it on that paperwork. If you don't do anything, then it becomes an order, which is exactly what happened in your case.

    Her mental health according to you is being treated, you just stated she have been taking medication and has been in mental health services for years. You can have mental disorders, be diagnosed, be getting treatment and be perfectly capable of taking care of your children. At any time you feel her mental health is affecting her ability to care for your child, then you have the right to file with the court on it. Bringing it up though because she questioned your mental health and filed with the court, is going to get you nowhere now, you need to file yourself if it is a problem. If it is not a problem and she is under treatment, filing won't help.

    Stick to you, not her, you have a mental disorder, the court ordered you to some kind of treatment, you need to follow that your order, and you have not been as you now have a show cause hearing. If you have been following that order, then prove that to the court at the show cause hearing. I don't think you can, as I think your mistaken on what the court is ordering concerning your mental health services. You most likely still have time to file a response before the hearing, you need to read your paperwork and see what it says concerning a response.

    There are facilities out there that will help you and find you professionals that will direct you to places that can help. There are mental health advocates available that can help you understand much of this or find you people that do.
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  9. #24
    Kayla88 is offline Junior Member
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    If possible, I would suggest fighting the whole therapy order in the first place. Has that been your only anxiety attack? Everyone has them every now and again if they're under a crazy amount of stress. We're only human and one single incident does not prove being "mentally unstable," as your ex so eloquently put it. If that was your only incident, provide documentation that proves that (such as a letter from the hospital stating that you have had no further admissions to the hospital). Get your butt into your primary care doctor for an assessment. If he agrees that there is no medical issue, have him write a statement to that effect. Affidavits from people who are around you a lot (friends, family, etc) are also a good idea, though not hugely necessary.

    However, if you do have a redcurrant issue, find a good therapist and request that your compliance mandate be transferred to the therapist that you're seeing. A two minute exchange of words does not constitute therapy. With a severe anxiety problem, the child's safety needs to be taken into account. Regardless what your ex thinks, you should make it your personal mission to do everything you can to ensure your child's safety and well-being while he's with you. You don't want to scare him or risk him getting hurt because your emotional state prevents you from properly supervising his activities. Also, if you do have an issue, I would recommend consulting with a family attorney so that you know your options and aren't as easily screwed out of your time with your child.

    Above all, be honest with yourself and take your issues with your ex out of the equation.
  10. #25
    TinkerBelleLuvr is offline Senior Member
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    Quote Originally Posted by Kayla88 View Post
    If possible, I would suggest fighting the whole therapy order in the first place. Has that been your only anxiety attack? Everyone has them every now and again if they're under a crazy amount of stress. We're only human and one single incident does not prove being "mentally unstable," as your ex so eloquently put it. If that was your only incident, provide documentation that proves that (such as a letter from the hospital stating that you have had no further admissions to the hospital). Get your butt into your primary care doctor for an assessment. If he agrees that there is no medical issue, have him write a statement to that effect. Affidavits from people who are around you a lot (friends, family, etc) are also a good idea, though not hugely necessary.

    However, if you do have a redcurrant issue, find a good therapist and request that your compliance mandate be transferred to the therapist that you're seeing. A two minute exchange of words does not constitute therapy. With a severe anxiety problem, the child's safety needs to be taken into account. Regardless what your ex thinks, you should make it your personal mission to do everything you can to ensure your child's safety and well-being while he's with you. You don't want to scare him or risk him getting hurt because your emotional state prevents you from properly supervising his activities. Also, if you do have an issue, I would recommend consulting with a family attorney so that you know your options and aren't as easily screwed out of your time with your child.

    Above all, be honest with yourself and take your issues with your ex out of the equation.
    An affidavit does squat in a court of law. A piece of paper cannot be cross examined.

    Please stop posting if you cannot be accurate.
  11. #26
    Kayla88 is offline Junior Member
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    Quote Originally Posted by TinkerBelleLuvr View Post
    An affidavit does squat in a court of law. A piece of paper cannot be cross examined.

    Please stop posting if you cannot be accurate.
    Affidavits helped my own case before after an attorney recommended to me to get some for character references. According to what he told me, it is a useful tool on the side, but won't hold up as the ONLY evidence. It works to help complete a picture, so to speak. Medical documentation, however, is perfectly admissible. A family member of mine was assaulted and medical documentation was used as conclusive evidence. It simply depends on the type of affidavit and what you have besides it. On top of that, once you present evidence (either conclusive or inadmissible for the current case), it is still entered on the record and can help establish patterns or continued problems, especially in family law.
  12. #27
    single317dad is offline Senior Member
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    Generally (in my own experience in my home state), an affidavit can easily be challenged and the party required to either appear for a deposition or testify in open court. This is a common tool against robo-signed affidavits in junk debt cases, where the plaintiff will simply drop the case rather than incur the expense of producing the document signer (or the embarrassment of admitting they have no idea who that person is). Those affidavits are highly effective, only when defendants don't contest them properly and they are admitted into evidence as fact.
  13. #28
    TinkerBelleLuvr is offline Senior Member
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    Quote Originally Posted by Kayla88 View Post
    Affidavits helped my own case before after an attorney recommended to me to get some for character references. According to what he told me, it is a useful tool on the side, but won't hold up as the ONLY evidence. It works to help complete a picture, so to speak. Medical documentation, however, is perfectly admissible. A family member of mine was assaulted and medical documentation was used as conclusive evidence. It simply depends on the type of affidavit and what you have besides it. On top of that, once you present evidence (either conclusive or inadmissible for the current case), it is still entered on the record and can help establish patterns or continued problems, especially in family law.
    Randomdancing is in MICHIGAN. I watched what a judge did with affidavits. They were NOT looked at. In YOUR thread, you talk about not getting things admitted - AFFIDAVITS are not it, especially in a show cause hearing.

    Do NOT keep posting your drivel. I'm known as a patient one and you are really pushing it.

    Randomdancing, please post, minus name, what it says in your court order concerning this issue.
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  14. #29
    Antigone* is offline Senior Member
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    Quote Originally Posted by TinkerBelleLuvr View Post
    Randomdancing is in MICHIGAN. I watched what a judge did with affidavits. They were NOT looked at. In YOUR thread, you talk about not getting things admitted - AFFIDAVITS are not it, especially in a show cause hearing.

    Do NOT keep posting your drivel. I'm known as a patient one and you are really pushing it.

    Randomdancing, please post, minus name, what it says in your court order concerning this issue.
    Tink, Kayla says she is quite versed in the law, so watch out. She also said I was stalking her on the other site when she left out pertinent info about her BFs
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