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What is the name of your state?AZ


Petition for Contempt of Court

As stated in the Order dated 10-22-04 "Respondent shall have no unsupervised visitation with NAME OF CHILD. Parties agree to NAME OF MATERNAL GRANDMOTHER, mother of Respondent to supervise visitation."

Respondent acted in direct conflict with this Order on Friday, November 26, 2004 at approximately 3:30 PM. Respondent kicked the supervisors out of her home,(please see attached affidavits) 2 affaidavits signed by child uncle and his girlfriend that they were ordered to leave the house and when they tried to take the child with them mom became hysterical and they feared the child witnessing this and being traumatized. supervisors were NAME OF MATERNAL UNCLE AND HIS GF, as agreed to by the parties in NAME OF MATERNAL GRANDMOTHERS absence. Respondent would not allow the supervisors to take the mimor child with them nor contact the other supervisor. Respondent then took the child from the home and was "missing" for not less than 3 hours. Supervisor, NAME OF MATERNAL GRANDMOTHER, contacted Officer (NAME) and Petitioner at 6:30 PM when Respondent returned to her own home. Petitioner also spoke witht he officer and informed the officer of the current order granting Petitioner Joint Legal with Respondent and Petitioner having primary physical custody. Also that Respondent was not to be unsupervised witht he minor child. The officer attempted to persuade Respondent to turn the child over to no avail. (Please see attached police report.) officer report stating that mom was screaming and yelling cursing and hysterical and that she was asked four times to step outside b/c all this was being done in front of the child also that mom refused to release the child or allow anyone in

At around 7:30PM Petitioner was able to persuade Respondent into allowing NAME OF UNCLES GF to return to Respondents home and supervise. NAME OF SUPERVISOR arrived at the Respondents' residence around 8:15PM and Respondent was passed out on the couch with the child left unattended with another child of the same age. SUPERVISOR smelled something burning and found the oven left on and the contents of the oven burned beyond recognition. (Please see attached affidavit).

Respondent has failed to follow through with the Court Ordered drug testing only showing up twice over the last 5 weeks, where she was told to test once a week by the pretrial services officer. Respondent of the two tests, tested positive on 10-29-04 and negative on 11-19-04.

Respondent has only been able to exercise two of three scheduled visitation due to her inability to get along with the supervisors.

Petitioner prays for relief from this Court
1. Suspend all visitation schedule until this petition can be heard
2. Expedite this petition for a hearing
3. Order Respondent to Rehabilitation
4. Order supervised visitation with a Court Appointed Special Advocate or another member of social services until Respondent can prove herself capable of performing the dutuies set forth in the current order

What do you think?

Obviously it will be on the supplied form but since the Court is in another county and not online my fiance is waiting for the form to come in the mail.

Any advice greatly appreciated.
 
Last edited:


LdiJ

Senior Member
SMURFEELAW said:
Anyone have any comments?

Should he even file something like this?

Please?
Yes he certainly can and should. Its perfectly reasonable and "normal" in the overall proceedure of things. Although I do think that the supervisors should have refused to leave the home. The worst mom could have done was to call the police.....and that wouldn't have gotten the supervisors in any trouble.
 

snostar

Senior Member
Looks good to me. But, you always want to request more than your willing to settle for, how about a long term (1 year) inpatient rehabilitation program and visitation depending on the terms and conditions of the rehab? That's just another option, and would solve the supervisor problem for at least for 12 months.

Has he filed contempt?
 
snostar said:
Looks good to me. But, you always want to request more than your willing to settle for, how about a long term (1 year) inpatient rehabilitation program and visitation depending on the terms and conditions of the rehab? That's just another option, and would solve the supervisor problem for at least for 12 months.

Has he filed contempt?
Good idea I didn't even think of the fact that you ask for more then you have a shot at getting what you really intended on. He can't file yet b/c the Court only takes the pre-made forms when you are pro per and since the Court is 200 miles away he had to request the Court send them, but I will make copies before writing on it so this isn't an issue again. Then you have to file through the mail so everything takes 10 times longer and my fiance has a job (unlike mom) and the child is here yet the judge won't consider a change of venue until moms' 6 months of supervised visitation is done and he sees where the parties stand (ie if he give a poor victimized momma her baby back afterall the big bad mean daddy probably drove her to this problem) Sorry its a backwards county and frustrates me to no end that the judge acted like it pained him to make the Order he did. Thanks for the advice
 

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