Contempt of Court

[Zephyr]

What is the name of your state? WI

Several questions but will start with a quick recap of the situation.

Present order 50/50 placement of child, no CP named, joint legal custody.

I filed for remedial contempt of court in October, the contempt was set aside, but my request for a more clear order was granted, and we were ordered to mediation. At that court date the judge ordered ex to inform me of any and all medical dental etc appointments that he sets for the child- this was written into the record.

I find out today that ex has taken child to medical dr once, dentist twice and a counselor 3 times since this was written into the record.

Our case is still pending, mediation did not work, we have been assigned and both met with GAL.

I would like to file contempt for the 6 appointments I was not informed about.

Questions:

1. It was written into the record, but because the case is still pending and there is no specific order, is it still contempt?

2. Strategy-wise is filing contempt at this juncture good or bad for my case?


oh, well it looks like I only had 2 questions, LOL THANKS!

 

[casa]

What is the name of your state? WI

Several questions but will start with a quick recap of the situation.

Present order 50/50 placement of child, no CP named, joint legal custody.

I filed for remedial contempt of court in October, the contempt was set aside, but my request for a more clear order was granted, and we were ordered to mediation. At that court date the judge ordered ex to inform me of any and all medical dental etc appointments that he sets for the child- this was written into the record.

I find out today that ex has taken child to medical dr once, dentist twice and a counselor 3 times since this was written into the record.

Our case is still pending, mediation did not work, we have been assigned and both met with GAL.

I would like to file contempt for the 6 appointments I was not informed about.

Questions:

1. It was written into the record, but because the case is still pending and there is no specific order, is it still contempt?

2. Strategy-wise is filing contempt at this juncture good or bad for my case?


oh, well it looks like I only had 2 questions, LOL THANKS!

1. Pay and order a copy of the transcript from THAT hearing where it was addressed you were to be notified. Combine that highlighted portion of the transcript, along with copies of the medical/dental/therapy appts/records and file them all together PRIOR to your next hearing. (I know you already know rules of service )

2. IMO~ FILING them is a good idea right now, YES. Why? Because it shows he won't co-parent even while the courts are intervening! However, I would NOT file contempt. Just the documentation which demonstrates contempt. You have a GAL now, let her be served with those documents/transcript & it will definately help her determine the child's best interests.

Hope this helps Zephyr

 

[Zephyr]

Thanks casa! I have the names of a couple of service providers- but I guess I need to break out the yellow pages to find the dentist, I don't even know the name of who he took her too


and you so file them, but not as a contempt? sooo are you meaning file them as an addendum to the original motion or supplemental declaration...something along those lines rather than something that requires the court to intervene?

 

[Zephyr]

bumpin **************.....

 

[casa]

Thanks casa! I have the names of a couple of service providers- but I guess I need to break out the yellow pages to find the dentist, I don't even know the name of who he took her too


and you so file them, but not as a contempt? sooo are you meaning file them as an addendum to the original motion or supplemental declaration...something along those lines rather than something that requires the court to intervene?

Yes, supplemental declarations/exhibits re; your motion for the court's to clarify. (If there ever was 'proof' of a need to clarify~ surely it is this unilateral parenting he is doing...which is NOT at all CO-parenting). I can't be certain of WI verbiage Zephyr...please double check the wording of the document(s). It should, however, be able to be 'attached' to this same case/# as it's ongoing, correct?

Who carries insurance? That is one way to find the dentist's name/info. The MAJOR biggie is the therapy. WTF?? I hope you burned up the lines to that therapist & 'reminded' them of your joint legal and custodial status? What kind of child therapy does not even involve the notification of a custodial parent????? (Beyond that psychologically- how effective is therapy when/if only one parent participates?)

 

[Zephyr]

Yes, supplemental declarations/exhibits re; your motion for the court's to clarify. (If there ever was 'proof' of a need to clarify~ surely it is this unilateral parenting he is doing...which is NOT at all CO-parenting). I can't be certain of WI verbiage Zephyr...please double check the wording of the document(s). It should, however, be able to be 'attached' to this same case/# as it's ongoing, correct?

Who carries insurance? That is one way to find the dentist's name/info. The MAJOR biggie is the therapy. WTF?? I hope you burned up the lines to that therapist & 'reminded' them of your joint legal and custodial status? What kind of child therapy does not even involve the notification of a custodial parent????? (Beyond that psychologically- how effective is therapy when/if only one parent participates?)

what's weird about WI cases- is you have the same case number for life, so my original divorce that happened in 98 has a case number and that is the same case number I had to use when filing this past year...but I will check on the wording

he carries the insurance, and surprise surprise, has never given me copies of the cards, despite my repeated requests


I have an appointment with the counselor next week, I did tell her on the phone today that I was never informed of any of this and am not sure I agree with kiddo needing counseling as she is always so happy and well adjusted

 

[casa]

what's weird about WI cases- is you have the same case number for life, so my original divorce that happened in 98 has a case number and that is the same case number I had to use when filing this past year...but I will check on the wording

he carries the insurance, and surprise surprise, has never given me copies of the cards, despite my repeated requests


I have an appointment with the counselor next week, I did tell her on the phone today that I was never informed of any of this and am not sure I agree with kiddo needing counseling as she is always so happy and well adjusted

OK, please advise GAL of these recent developments. (STILL file yourself or via attorney the Dr. appt records and Dentist and therapist and transcript portion). If it isn't in the FILE then DO NOT ASSUME the Judge reads it or hears about it. Seriously. Also, most states have rules of service for GALS which mean you must have you/your attorney 'serve' them with everything, even if you've TOLD them verbally.

Also advise GAL and/or your attorney that you STILL have no medical ins. card(s) for little Zephyr. This should be a no-brainer.

CA is the same...same case# regardless. (after 3 .25 yrs out of 7 being in court~ I know it by heart My X just needs a hobby....and less money)

Last bit of advice~ NON-legal (*ducking tomatoes*) I'd focus on your 'concern' for your child being in therapy with NO notice from other parent. Is there a problem? What is it? When did it start? Is there anything you can do to remedy it? (This is because it's either A) A legit issue you should address prior to any further proceedings...not to mention your child's life. And, B) If it's BS~ your cooperation will help therapist focus on Jr's NON issue, rather than YOUR 'reluctance' to 'participate' in therapy.

PM me if you want. I'm not specific to WI law, remember...but advocacy & common sense, I have a mediocre grip on.

 

[Ohiogal]

What is the name of your state? WI

Several questions but will start with a quick recap of the situation.

Present order 50/50 placement of child, no CP named, joint legal custody.

I filed for remedial contempt of court in October, the contempt was set aside, but my request for a more clear order was granted, and we were ordered to mediation. At that court date the judge ordered ex to inform me of any and all medical dental etc appointments that he sets for the child- this was written into the record.

I find out today that ex has taken child to medical dr once, dentist twice and a counselor 3 times since this was written into the record.

Our case is still pending, mediation did not work, we have been assigned and both met with GAL.

I would like to file contempt for the 6 appointments I was not informed about.

Questions:

1. It was written into the record, but because the case is still pending and there is no specific order, is it still contempt?

2. Strategy-wise is filing contempt at this juncture good or bad for my case?


oh, well it looks like I only had 2 questions, LOL THANKS!

Is there any order at all? Was the court's order on the record or off? I would file if there was any official notification that he was to do this.

 

[Ohiogal]

And I would definitely do as CASA suggested as well by notifying the GAL and getting in touch with the dentist, therapist and what not> Get a copy of all of the forms that were filled out -- see if you are listed as the parent or anywhere in the forms. And if not point that out as well.

 

[Zephyr]

Is there any order at all? Was the court's order on the record or off? I would file if there was any official notification that he was to do this.

The courts order that Ex inform me of any and all appointments he makes was "on the record" the GAL was able to pull it up off the court access website - immediately after which he called ex's attorney and left a message which said (oops let me back up- at that time we didn't KNOW that kiddo had gone only that Ex wanted to take her)

"The concern, however, is that I now learn from MOM that DAD never informed her of the potential appointment with COUNSELOR. You know as well as I do why that is a concern in a shared placement arrangement and it is particularly a concern in light of the agreement reached by the parties and read into the record by you at the hearing on November 14, 2006. I don't know why DAD would have done this and in any dispute over placement, his unilateral decision to make this appointment without consulting with the other parent certainly works to his detriment and not to his benefit"


it was this morning, speaking with the counselor that I found out there had already been 3 appoinments

 

[Zephyr]

And I would definitely do as CASA suggested as well by notifying the GAL and getting in touch with the dentist, therapist and what not> Get a copy of all of the forms that were filled out -- see if you are listed as the parent or anywhere in the forms. And if not point that out as well.

will definitely do that, I have copies from her preschool that she goes to when she is with him, and my name is no where

 

[casa]

The courts order that Ex inform me of any and all appointments he makes was "on the record" the GAL was able to pull it up off the court access website - immediately after which he called ex's attorney and left a message which said (oops let me back up- at that time we didn't KNOW that kiddo had gone only that Ex wanted to take her)

"The concern, however, is that I now learn from MOM that DAD never informed her of the potential appointment with COUNSELOR. You know as well as I do why that is a concern in a shared placement arrangement and it is particularly a concern in light of the agreement reached by the parties and read into the record by you at the hearing on November 14, 2006. I don't know why DAD would have done this and in any dispute over placement, his unilateral decision to make this appointment without consulting with the other parent certainly works to his detriment and not to his benefit"


it was this morning, speaking with the counselor that I found out there had already been 3 appoinments

Your X(or attorney) know d@mn well that the court's decision (whether typed/filed into an official 'order' or not...still STAND)

And re; your most recent post: It IS concerning.

 

[Zephyr]

Your X(or attorney) know d@mn well that the court's decision (whether typed/filed into an official 'order' or not...still STAND)

And re; your most recent post: It IS concerning.

sooo does that change your thinking from "go in quietly" to "haul out the sledgehammer?"


LOL

 

[casa]

will definitely do that, I have copies from her preschool that she goes to when she is with him, and my name is no where

NOT GOOD. Fix that ASAP.

 

[casa]

sooo does that change your thinking from "go in quietly" to "haul out the sledgehammer?"


LOL

hee hee hee tempting, isn't it?

Seriously though, let him hang himself...the view is SO much better that way.