Ambr said:
Okay, ex just refused my letter requesting him to comply with the court ordered visitation. FedEx restricted delivery - tracking results - REFUSED.
I am headed to the law library Thursday (if it is open, have to call the school). I assume since there is no standard form that the court was using (since they couldn't provide a sample form) that I can make a form similiar to what i locate in the lawyer library to submit???
My response:
This is getting better and better, Ambr.
Okay, first thing, DO NOT reopen the Fed-Ex envelope. You're going to hand that to the judge as evidence of your request and good faith compliance under the Court's visitation orders. It will be EXHIBIT "A" attached to your Order to Show Cause Re: Contempt of Court.
Next, go to the law library and ask the librarian to help you find the forms you'll need. They may even have some samples that have been donated to the libary, so ask about that too. At the very least, the library will have "Shell" forms and pleadings - - and the applicable Procedural laws.
Remember, after you've finalized the documents, make 3 copies and file the original with the court. You'll also need to attach, as the last page, a "Proof of Service by Mail" form. Make copies of that too, and file the original, attached to your Motion, with the court clerk.
You will more than probably need to call the court clerk to obtain a date, time, and department (courtroom) number for the hearing, and reference that information on your Motion paperwork.
One last suggestion. You could also go to the main filing Clerk of the Family Law court, and ask the clerk if you could see the "Register of Actions" for that court. It's either going to be a series of large books, or a computer database. The Register will show you the Clerk's entries for all the filings by other people in the Family court.
What you're looking for are case files that reference similar Motions like yours. Once you find those references, ask the clerk to see some of those files (You are allowed to see other peoples case files because they are public records). Anyway, if you're lucky enough to find a file with a similar Order to Show Cause, you can have the clerk make a copy of that Motion, and you can use that as your "template" for your own Motion, by plugging the necessary and specific information into your own forms. Cool idea, huh ?
Good luck kidlet.
IAAL