contempt of court-very general question

[jsarniejr]

mass, is all aspects of a fullt executed divorce agreement enforceable unless modified,**************regardless of time ie 2 yrs ,5 yr?

[seniorjudge]

A very general answer: Maybe.

[LdiJ]

And if you want a better answer than maybe, then you would have to give us a lot more information.

[jsarniejr]

try to be brief, divorced 1/07, 9/08 wife brings me in for cs modification and some custody housecleaning and attempts to gain full legal custody,judge asks her to drug test that day,she refuses ,divorce agreement calls for a hair follicle drug test 6 months after last test(she was being tested by dss) i notified her in early oct i wanted that test done by dec 1 with verifiable results sent to my attorney.I have recieved nothing. can i file a contempt charge?

[mistoffolees]

Originally Posted by jsarniejr

try to be brief, divorced 1/07, 9/08 wife brings me in for cs modification and some custody housecleaning and attempts to gain full legal custody,judge asks her to drug test that day,she refuses ,divorce agreement calls for a hair follicle drug test 6 months after last test(she was being tested by dss) i notified her in early oct i wanted that test done by dec 1 with verifiable results sent to my attorney.I have recieved nothing. can i file a contempt charge?

Probably, but a contempt citation may not get you much of anything.

But what do you hope to gain? Start with your objectives and work back.

[jsarniejr]

i would like the judje to order the drug test,if its negative,its a win win sitaution ,if its positive i will contact my attorney about geting her back into outpatient rehab and random testing any thoughts??

[mistoffolees]

Originally Posted by jsarniejr

i would like the judje to order the drug test,if its negative,its a win win sitaution ,if its positive i will contact my attorney about geting her back into outpatient rehab and random testing any thoughts??

The judge already ordered the drug test. He could order it again, but she'll simply refuse again.

And I doubt if you can force her into rehab. You can possibly get the court to take away custody or visitation or perhaps order supervised visitation, but you can't force her to go into rehab if she doesn't want to.

[jsarniejr]

she has custody of both kids,i will suggest to my atty ,if she wont test ot tests positive,that i will come after both children if she doesnt get onto some program(this what i did last time to get her in out patient counceling)

[jsarniejr]

hows the court going to view a custodial parent who refuses to take a court ordred drug screening???

[LdiJ]

Originally Posted by jsarniejr

hows the court going to view a custodial parent who refuses to take a court ordred drug screening???

The court will view them poorly.

However...just a thought...is she really refusing to screen, or is the cost of the screens an issue for her?

[mistoffolees]

Originally Posted by jsarniejr

she has custody of both kids,i will suggest to my atty ,if she wont test ot tests positive,that i will come after both children if she doesnt get onto some program(this what i did last time to get her in out patient counceling)

Then I think you're going about it all wrong. A contempt citation won't get you what you want.

I would suggest that you file for custody on the grounds that she refused to take a drug test per the judge's orders. While 'innocent until proven guilty' applies in criminal matters, it's going to look very suspicious that she flat out refused a judge's orders.

I would state that you have concerns about drug use and are concerned about the children and would like the judge to give you custody until your ex demonstrates that she is clean - via hair follicle testing. Further, I would ask that periodic hair follicle testing be conducted and if she is found with drugs in her system in the future or if she refuses to take the test that the kids go back to you.

Further, if you have any real evidence that she's using drugs, call child protective services.

Frankly, your focus is misplaced. There is nothing you can do to make her get counseling or treatment. You should be focused on the kids (because it's right and also because that's what's going to convince the court). If you take the position that you want the kids to spend time with their mother, but only if she's clean, that's a positive statement. If, OTOH, you use the custody issue as a battering ram to try to force your ex into counseling, it comes across as controlling and vindictive.

And forget contempt. It won't get you anywhere.

[Ohiogal]

Refusing to test is the same as a positive in many courts. And it is viewed as such unless it is criminal court.

[jsarniejr]

heres my dilemma,i live 30 miles from the kids,i dont beileve they are in any daily danger.mom is a white collar drug addict,pays mortgage,800 credit rating yet hangs around with lifes bottom dwellars.dennis miller used to joke"drugs arent half as bad as who you have to hang around with to get them" she has moved a convicted felon into her home .we are 45 yrs old the felon is 65.as one of my sons says. dad hes a creep .hes got no job,no house,no car and no teeth.yet why would a professional woman ,making 100g a year move this type of person in..drugs.no doubt she will test positive.can i use the boyfriends backgroubd in any way.

[Zigner]

And, yet, it's somehow ok with you for the kids to be living there with her...

[jsarniejr]

no i am not , but according to a lot of you ,i just cant say...your boyfriends a felon....give me the kids. i see the drug test as sticking my foot in the custody door.so i can start to open it.