Casa - Will this work? Re Contempt in CA

[NITM]

What is the name of your state? CA

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Dad got a police report on Friday, as CP did indeed take off with the boy. Unfortunately, he had the rotten luck of getting the one cop (he got him once before) who doesn't know his rear from the ground and was not helpful at all. All of the other cops have been wonderful and understanding. Therefore, I can already predict this police report is not going to be anything great to work off of in trying to file for contempt. If this turns out to be so, in your opinion, should I still even try for contempt or just go for the other OSC to enforce visitation orders?

This cop made a big deal out of "how do I know this is your normal weekend?" I guess he needed to count back every other weekend for the past four years to find out. NCP told him, "Yeah, I drove 75 miles to get here to make a false report, thaaat's it!" NCP ran into this same issue the last time he got this cop. Who knows what he's going to write in his report

 

[casa]

What is the name of your state? CA

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Dad got a police report on Friday, as CP did indeed take off with the boy. Unfortunately, he had the rotten luck of getting the one cop (he got him once before) who doesn't know his rear from the ground and was not helpful at all. All of the other cops have been wonderful and understanding. Therefore, I can already predict this police report is not going to be anything great to work off of in trying to file for contempt. If this turns out to be so, in your opinion, should I still even try for contempt or just go for the other OSC to enforce visitation orders?

This cop made a big deal out of "how do I know this is your normal weekend?" I guess he needed to count back every other weekend for the past four years to find out. NCP told him, "Yeah, I drove 75 miles to get here to make a false report, thaaat's it!" NCP ran into this same issue the last time he got this cop. Who knows what he's going to write in his report

Dad must have a copy of his Court Order on him when he makes a police report~ so the officer can SEE what visitation is ordered. It doesn't matter if the cop actually cares or not...it only matters that there is report filed documenting Dad being denied visitation.

 

[NITM]

He always has a copy of the court order with him, however, when his regularly scheduled visitation is "every other weekend" and the court order is 4 years old, how does one prove those weekends? I wish there was a way to tighten that wording up in the CO, but how? The court would have to go through and list every single weekend for the next few years? I don't think they'd do that, will they? Their CO states that CP was only supposed to have child on President's "Day", which was Monday . . . not the entire weekend. The weekend was NCP's regularly scheduled weekend. The other "weekend" holidays, like Memorial Day, Labor Day, etc., state which parent is to have child over the weekend (depending on odd or even years) beginning Fri at 4:00pm to Monday at 6pm. ****** Luther King Day, Presidents Day and Veteran's Day are the only three exceptions, only stating special visitation on that "Day" alone. CP is twisting it around and claiming she was to have child over the entire President's Day weekend, which isn't so. Of course, on any previous year that she didn't happen to make plans over NCP's visitation time, CP understood that wording or if it's NCP who only has that "Day" of visitation, such as this past ****** Luther King Day last month, she doesn't say that it's NCP's weekend. She changes the CO in her own mind to suit whatever her plans happen to be. What a psycho.

 

[casa]

He always has a copy of the court order with him, however, when his regularly scheduled visitation is "every other weekend" and the court order is 4 years old, how does one prove those weekends? I wish there was a way to tighten that wording up in the CO, but how? The court would have to go through and list every single weekend for the next few years? I don't think they'd do that, will they? Their CO states that CP was only supposed to have child on President's "Day", which was Monday . . . not the entire weekend. The weekend was NCP's regularly scheduled weekend. The other "weekend" holidays, like Memorial Day, Labor Day, etc., state which parent is to have child over the weekend (depending on odd or even years) beginning Fri at 4:00pm to Monday at 6pm. ****** Luther King Day, Presidents Day and Veteran's Day are the only three exceptions, only stating special visitation on that "Day" alone. CP is twisting it around and claiming she was to have child over the entire President's Day weekend, which isn't so. Of course, on any previous year that she didn't happen to make plans over NCP's visitation time, CP understood that wording or if it's NCP who only has that "Day" of visitation, such as this past ****** Luther King Day last month, she doesn't say that it's NCP's weekend. She changes the CO in her own mind to suit whatever her plans happen to be. What a psycho.

The judge will be able to distinguish via the police reports what days/schedule visitation is. I do not personally care for e/o/w verbiage & encourage instead "!st, 3rd & 5th weekends" etc., with any 3 day wknds meaning that Monday is spent with whomever the child is already with per visitation schedule. At any rate, just keep documenting. Eventually the court file will be a huge pile of police reports and that will force the court to act re; Mom's contempt.

 

[NITM]

Great - thanks! Will the judge take into consideration all the police reports in the last contempt charge NCP filed, even though an "agreement" was made and CP was never officially charged with contempt?

 

[casa]

Great - thanks! Will the judge take into consideration all the police reports in the last contempt charge NCP filed, even though an "agreement" was made and CP was never officially charged with contempt?

Absolutely...it shows a pattern of Contempt. In fact, it is demonstrated even more clearly NOW, as CP not only shows contempt of the court order- but also any 'agreement' that she has/had with the NCP. She won't listen no matter what & once the court clearly understands that, (enough evidence/documentation gathered) there will be harsher punishments meted out.

 

[fairisfair]

He always has a copy of the court order with him, however, when his regularly scheduled visitation is "every other weekend" and the court order is 4 years old, how does one prove those weekends? I wish there was a way to tighten that wording up in the CO, but how? The court would have to go through and list every single weekend for the next few years? I don't think they'd do that, will they? Their CO states that CP was only supposed to have child on President's "Day", which was Monday . . . not the entire weekend. The weekend was NCP's regularly scheduled weekend. The other "weekend" holidays, like Memorial Day, Labor Day, etc., state which parent is to have child over the weekend (depending on odd or even years) beginning Fri at 4:00pm to Monday at 6pm. ****** Luther King Day, Presidents Day and Veteran's Day are the only three exceptions, only stating special visitation on that "Day" alone. CP is twisting it around and claiming she was to have child over the entire President's Day weekend, which isn't so. Of course, on any previous year that she didn't happen to make plans over NCP's visitation time, CP understood that wording or if it's NCP who only has that "Day" of visitation, such as this past ****** Luther King Day last month, she doesn't say that it's NCP's weekend. She changes the CO in her own mind to suit whatever her plans happen to be. What a psycho.

You might consider having him print out annual calendars and mark those weekends, and other times that are his time for parenting. Carry it with the court order.

 

[NITM]

Another great point - thanks! He actually does have such a calendar that we note visitation times in at the beginning of each year - he'll have to start keeping that with him.