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  1. #1
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    Mother didn't show for the Settlement Conference

    What is the name of your state (only U.S. law)? Maryland

    Will try to keep this as short as possible, I am the father, have had my daughter 90% of the time for 4 years, she is almost 6 now and just started kindergarten. Mother lives an hour away in a different school zone.

    After two dui's in three months by her mom, and some other issues I opened a modification case to get some safety precautions and other things added to the agreement.


    We had a PL hearing in April, at the hearing it was ruled she can not transport my daughter and that her grandparents have to do all transportation, as well as ordered and alcohol evaluation.

    On August 11th we had a settlement conference, in which she didn't show up to, stating one of her other children were in the hospital (she has falsely used this excuse before). At the conference the magistrate ordered she has 10 days to show proof of hospital visit.

    Three things, final trial is 10/6 so three weeks away.

    1) She never showed proof hospital visit
    2) She hasn't done the alcohol evaluation
    3) Discovery was due on June 10th, she hasn't turned anything in.

    We (my lawyer and I) have filed motions to compel, and various other line items, and it seems the court are dragging their feet in ruling on enforcing the motions to compel.

    My question is, you get the lawyer answer when I ask my lawyer that you just don't know but I like at least knowing an idea of things, but say she doesn't do any of the above things by 10/6, what punishments could the court in force?


  2. #2
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    Quote Originally Posted by GolfingDad View Post
    What is the name of your state (only U.S. law)? Maryland

    Will try to keep this as short as possible, I am the father, have had my daughter 90% of the time for 4 years, she is almost 6 now and just started kindergarten. Mother lives an hour away in a different school zone.

    After two dui's in three months by her mom, and some other issues I opened a modification case to get some safety precautions and other things added to the agreement.


    We had a PL hearing in April, at the hearing it was ruled she can not transport my daughter and that her grandparents have to do all transportation, as well as ordered and alcohol evaluation.

    On August 11th we had a settlement conference, in which she didn't show up to, stating one of her other children were in the hospital (she has falsely used this excuse before). At the conference the magistrate ordered she has 10 days to show proof of hospital visit.

    Three things, final trial is 10/6 so three weeks away.

    1) She never showed proof hospital visit
    2) She hasn't done the alcohol evaluation
    3) Discovery was due on June 10th, she hasn't turned anything in.

    We (my lawyer and I) have filed motions to compel, and various other line items, and it seems the court are dragging their feet in ruling on enforcing the motions to compel.

    My question is, you get the lawyer answer when I ask my lawyer that you just don't know but I like at least knowing an idea of things, but say she doesn't do any of the above things by 10/6, what punishments could the court in force?
    She could lose custody. What else do you want?


    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
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    Quote Originally Posted by Ohiogal View Post
    She could lose custody. What else do you want?
    While that's true, it might be better worded as: "You could get everything you are seeking in these proceedings."


  4. #4
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    Quote Originally Posted by Zigner View Post
    While that's true, it might be better worded as: "You could get everything you are seeking in these proceedings."

    Thanks for your reply, I wasn't asking it as I want all custody and her to get punished. I want my daughter to have a relationship with her mom, I just want it to be a safe relationship with added precautions to protect her put in place.

    I was more so thinking along the lines of the trial what would she lose, wasn't thinking they would just award me custody, but that's good to know.

    I have 90% primary custody and have tie breaking legal currently.

    I was just wondering, for the trial, IE: pay my attorney's fee's, not be able to present evidence, or things along those lines but thank you for the answer.


  5. #5
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    Quote Originally Posted by GolfingDad View Post
    I have 90% primary custody and have tie breaking legal currently.
    What are you actually asking for that's different than what you have?


  6. #6
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    Quote Originally Posted by GolfingDad View Post
    Thanks for your reply, I wasn't asking it as I want all custody and her to get punished. I want my daughter to have a relationship with her mom, I just want it to be a safe relationship with added precautions to protect her put in place.

    I was more so thinking along the lines of the trial what would she lose, wasn't thinking they would just award me custody, but that's good to know.

    I have 90% primary custody and have tie breaking legal currently.

    I was just wondering, for the trial, IE: pay my attorney's fee's, not be able to present evidence, or things along those lines but thank you for the answer.
    The point is that you must ask the court to do A, B or C - you can't just go and file a motion for contempt and not ask for what you'd like to happen as a result.

    Why ISN'T your attorney answering your question?


  7. #7
    Join Date
    Sep 2017
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    Quote Originally Posted by CTU View Post
    The point is that you must ask the court to do A, B or C - you can't just go and file a motion for contempt and not ask for what you'd like to happen as a result.

    Why ISN'T your attorney answering your question?
    My attorney is great, maybe I am in the wrong spot, I thought I was asking more of a question that others would share their experiences. My lawyer gives lawyers answers, this should happen but you never know in court type stuff.


    I have asked for A, B and C etc. IE: a Blow and Go if driving my daughter, changing weekend visits from Thursday at 5 to sunday at 5 to friday at 5 to sunday at 5 because my daughter missed school on 75% of the fridays she was responsible for. Stuff along those lines.


  8. #8
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    Apr 2009
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    Quote Originally Posted by GolfingDad View Post
    What is the name of your state (only U.S. law)? Maryland

    Will try to keep this as short as possible, I am the father, have had my daughter 90% of the time for 4 years, she is almost 6 now and just started kindergarten. Mother lives an hour away in a different school zone.

    After two dui's in three months by her mom, and some other issues I opened a modification case to get some safety precautions and other things added to the agreement.


    We had a PL hearing in April, at the hearing it was ruled she can not transport my daughter and that her grandparents have to do all transportation, as well as ordered and alcohol evaluation.

    On August 11th we had a settlement conference, in which she didn't show up to, stating one of her other children were in the hospital (she has falsely used this excuse before). At the conference the magistrate ordered she has 10 days to show proof of hospital visit.

    Three things, final trial is 10/6 so three weeks away.

    1) She never showed proof hospital visit
    2) She hasn't done the alcohol evaluation
    3) Discovery was due on June 10th, she hasn't turned anything in.

    We (my lawyer and I) have filed motions to compel, and various other line items, and it seems the court are dragging their feet in ruling on enforcing the motions to compel.

    My question is, you get the lawyer answer when I ask my lawyer that you just don't know but I like at least knowing an idea of things, but say she doesn't do any of the above things by 10/6, what punishments could the court in force?
    I don't know what you have in mind with your use of the word "punishment", but if on the hearing date the status remains as it is I would ask the court to suspend all existing orders giving her access to the child until she is in compliance with the order to compel; with reasonable access appropriately supervised.

    In non-domestic cases the failure to comply with discovery orders can result in striking the offending party's pleading and when the relief sought by the proponent is proper it can be summarily granted. But this is not necessarily true where the primary focus is in neither awarding or punishing a parent but to serve the best interests of the children.


  9. #9
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    Quote Originally Posted by GolfingDad View Post
    My attorney is great, maybe I am in the wrong spot, I thought I was asking more of a question that others would share their experiences. My lawyer gives lawyers answers, this should happen but you never know in court type stuff.
    This is really not that type of forum, sorry.


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