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MoreViolations - One Week After Court - HELP!

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AustinStepMom

Guest
I posted last week that my husband took his ex to court on a ex parte motion for several violations of the court order. The judge ordered counseling for 26 weeks and if another violation...someone is going to jail, but the judge wanted them to stick out the 26 weeks first. Well it's been a week and she has already made 3 violations. 1. Had her boyfriend present at the custodial exchanges even when the order states that he is not allow to be present. 2. She made negetive remarks about my husband in front of the child, and the order states that no negetive remarks are to be made in the presents of the child and that each parent is responsible for any 3rd party remarks. 3. She has missed 4 months of her $50 payment that she is required to pay for reimbursement, the 5 payment was due on August 15, 2000 and she didn't send it in, the judge said that she was to start paying on the 15th of August and continue til the $3000 was paid off, no less than $50 a month. My husband made his counseling appt. for next week yet she hasn't even called the counselor. What advice can you give us.....what do we do, beside documentation.

Thanks
 


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whitsmom

Guest
I live in FL. I have been through a similar situation as far as immediate violations of a judge's order goes.

My husband had shared custody/primary residence of his son. Mom lives close but hardly sees or calls the child who is 13.

At Christmas last year, mom had a fit of guilty concious and petitioned the court to change the custody back to her. Since the child missed his mom so much, my husband worked up a six month custody arrangement that would give her time to see if she could/would take care of the child, at the end of which, if she met all conditions, primary residence would be changed to her. The judge agreed that the conditions for her to have their son were reasonable (such things as taking him to his counceling sessions, having all utilities on, etc.) and also made it very clear to her that my husband was being very generous to offer this at all and clearly was looking out for the best interest of the child since her visitation was so infrequent.

She began violating the order THAT DAY! She violated it five times in 2 weeks. After a month, my husband petitioned the court to modify it back (they have never had lawyers, did all this custody business himself) based on her disregard of the judge's order. Two weeks later, she moved the child back in with us before we even had a court date.

My point to you is, at least in our case, we documented everything and when it became ridiculous, petitioned for another modification of custody...which she didn't bother to show up for. My husband walked out of there with sole custody of his son and with some advice from the judge that if she peitioned for change of custody again and treated it with such disregard...he could make her pay for frivilous law suits.

Don't know how much that helped, but document everything and if you have a lawyer let him/her know what is up. If not, our modification petition was based on her violations. I don't know how long you have to wait to get it back before the judge, but we waited a month and had quite a list for him.
 
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usdeeper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by AustinStepMom:
I posted last week that my husband took his ex to court on a ex parte motion for several violations of the court order. The judge ordered counseling for 26 weeks and if another violation...someone is going to jail, but the judge wanted them to stick out the 26 weeks first. Well it's been a week and she has already made 3 violations. 1. Had her boyfriend present at the custodial exchanges even when the order states that he is not allow to be present. 2. She made negetive remarks about my husband in front of the child, and the order states that no negetive remarks are to be made in the presents of the child and that each parent is responsible for any 3rd party remarks. 3. She has missed 4 months of her $50 payment that she is required to pay for reimbursement, the 5 payment was due on August 15, 2000 and she didn't send it in, the judge said that she was to start paying on the 15th of August and continue til the $3000 was paid off, no less than $50 a month. My husband made his counseling appt. for next week yet she hasn't even called the counselor. What advice can you give us.....what do we do, beside documentation.

Thanks
<HR></BLOCKQUOTE>


Go back to court. Petition the court for her violations of the court order. No 1 & 2 are pretty serious.
 

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