CJane
Senior Member
What is the name of your state? MO
Ok, here's what I've amassed so far. I have NO information regarding dental appointments, so will need to get records from the dentist so that I can add those appointments (of which I've never been made aware, and which include an extraction) to this. I also need a few other specific dates.
What I need from y'all is to let me know whether or not I'm putting this together properly. I'm not hiring an attorney, and I need to make sure this is right. So... too much? Not enough? Should I arrange the info differently? Should it be chronological instead of situational? Etc.
Thanks.
PETITION FOR FINDING OF CONTEMPT OF COURT
Comes now Respondent, **** *******, and alleges and states the following:
1. This Court entered a Decree of Dissolution of Marriage in this case on January 26, 2004.
2. This Court entered a Modification of Child Custody on March 27, 2006.
a. Order was amended July 21, 2006.
b. The modification is currently under appeal.
3. Respondent, is a resident of Platte County, Missouri. Her residence address is XX.
4. Petitioner is a resident of Platte County, Missouri. His residence address is XX.
5. Petitioner filed for and received a restraining order against Respondent on October 10, 2006.
a. Case # XX
6. Petitioner’s wife filed for and received a restraining order against Respondent on October 10, 2006.
a. Case # XX
7. This Court has previously instructed Petitioner that no one other than a parent should be scheduling or taking the children to doctor’s appointments.
8. Petitioner has willfully and consistently disregarded the provisions set forth in the Parenting Plan entered on March 27, and amended on July 21, 2006, as well as other instructions of the court.
a. Petitioner has repeatedly impeded communication between Respondent and the children during his custodial periods:
i. On August 23, 2006 Petitioner informed Respondent that she should not call his wife’s phone, and should only speak to the children when he’s in attendance and the volume on the phone is high enough that Respondent’s portion of the conversation can be overheard.
ii. On September 20, 2006 Petitioner has informed Respondent that she is only allowed to call him after 5pm and only in an emergency.
iii. On September 20, 2006 Petitioner requested that all non-emergency communication be in writing. Due to the Restraining Order, Respondent cannot call Petitioner’s wife, seriously restricting communication with the children as she is their main care provider when the children are in Petitioner’s custody.
iv. Petitioner often neglects to return phone calls about or to the children. This has resulted in Respondent attempting to communicate with him only in writing.
v. Respondent has provided ******* (oldest child) with a cell phone in order to facilitate communication. Petitioner has repeatedly threatened to take it away from her while she is in his custody.
vi. Petitioner has indicated that he considers written communication harassment of him and ‘his’ family.
b. Petitioner has continually refused to communicate/confer regarding decisions affecting the children per the joint custody order:
i. About 04/2006, Petitioner expressed a desire to begin using PCN as the children’s primary care physician, rather than PM, as that is where his youngest child goes to the doctor.
1. Respondent did not agree to the change.
ii. On 04/02/2007 Petitioner indicated in writing that he wished to change pediatricians.
1. In a written response on 04/11/2007, Respondent voiced her opposition to this change.
iii. On 04/19/2007 Petitioner verbally discussed changing pediatricians with Respondent.
1. Respondent again voiced her opposition to this proposal.
2. Petitioner indicated that he considered this a ‘failure at resolution’ and that he would continue using the ‘new’ pediatrician at his discretion.
c. Petitioner has repeatedly scheduled doctor’s appointments without informing Respondent prior to the appointment, and oftentimes withholding information about the appointment afterward as well.
i. On *INSERT DATE* Petitioner scheduled an appointment for **** at PCN.
1. Petitioner did not inform Respondent prior to this appointment, nor after it. Petitioner heard about appointment from child.
2. Petitioner’s wife took **** to this appointment.
3. Respondent was not made aware of the impetus for the appointment.
ii. On or about September 15, 2006, Petitioner did not inform Respondent prior to a medical appointment for **** at Children’s Mercy Hospital.
1. In an email dated September 20, 2006 Respondent asked Petitioner to explain the purpose of the appointment, as well as any diagnosis.
2. On September 26, 2006 Respondent again questioned Petitioner about this appointment.
3. To date, Petitioner has not informed Respondent of any findings at this appointment, nor of the specific reasons behind the appointment.
4. Petitioner’s wife took **** to this appointment.
iii. On or about March 15, 2007 Petitioner scheduled an appointment for ******* at PCN.
1. Petitioner did not inform Respondent prior to this appointment.
2. Petitioner’s wife took ******* to this appointment.
3. Child was prescribed an antibiotic she has previously experienced allergic reactions to, as well as a steroidal allergy medication that was unnecessary as she already takes a similar medication.
4. Physician was given incorrect and incomplete medical history of child by Petitioner’s wife.
d. On May 13, 2006, Petitioner gave notice of his period of uninterrupted time with the children. In that letter, Petitioner indicated that he would ‘work with’ Respondent re: her time with the children as she had failed to notify him of dates prior to May 1. Subsequently, Petitioner refused to allow Respondent her uninterrupted summer visitation with the children unless she would sign an affidavit ‘releasing’ him from the following 4 months of child support in lieu of payment of judgment entered against Respondent on 03/27/2006.
i. Respondent refused to sign affidavit and was not allowed to exercise her summer vacation period.
e. Petitioner is ordered to provide Respondent with insurance cards.
i. On 02/11/2007 Respondent requested, via phone call, that Petitioner provide her with new insurance cards after encountering difficulty filling a prescription for ****. Petitioner did not do so.
ii. On 02/13/2007 Respondent requested, in writing, that Petitioner provide her with new insurance cards. Petitioner did not do so.
iii. On or about 03/19/2007, Respondent requested cards from HR at Petitioner’s employer.
1. Respondent has received dental and prescription cards, but not insurance cards.
f. Petitioner is ordered to provide copies of school communications received on his time to Respondent, particularly if they contain information that will impact Respondent’s custodial periods.
i. School progress reports are almost always sent home on Wednesdays. This is always Petitioner’s Day. The following dates reflect dates of progress reports. None of them were forwarded to Respondent per the order:
1. September 20, 2006.
2. November 15, 2006.
3. February 7, 2007.
4. April 13, 2007.
ii. On 03/30/2007 and 04/05/2007 Petitioner received notification from the school, but did not inform respondent, that the dates for Spring Break were altered in order to make up snow days.
g. In October 2006, Petitioner expressed a desire to take the children to counseling. Petitioner was specifically instructed by this Court that if the children were involved in counseling, Respondent needed to be included from the outset.
i. On 04/02/2007, Petitioner sent Respondent a letter which simply listed ‘counseling if you wish to be involved’ as a discussion point.
ii. On 4/11/2007 Respondent informed Petitioner in writing that she would very much like to be involved in any counseling, and that an impartial 3rd party might be just the thing the kids needed.
iii. On 4/19/2007, Petitioner informed Respondent that he’d been taking the children to a counselor for ‘awhile’ and had been under no obligation to inform Respondent because he considered it a ‘routine and minor decision’ since it’s ‘not brain surgery’.
iv. Respondent has spoken with counselor and counselor has indicated that she is not seeing the children in a ‘clinical setting’, but has, in fact ‘visited with’ them on several occasions.
WHEREFORE, it is in good faith and with full contemplation of the best interests of the children in mind that Respondent prays the Court find Petitioner in Contempt and impose sanctions, at the court’s discretion, up to and including a change in physical custody to remove midweek overnights, and therefore the issue with medical appointments and school communications, from Petitioner.
Ok, here's what I've amassed so far. I have NO information regarding dental appointments, so will need to get records from the dentist so that I can add those appointments (of which I've never been made aware, and which include an extraction) to this. I also need a few other specific dates.
What I need from y'all is to let me know whether or not I'm putting this together properly. I'm not hiring an attorney, and I need to make sure this is right. So... too much? Not enough? Should I arrange the info differently? Should it be chronological instead of situational? Etc.
Thanks.
PETITION FOR FINDING OF CONTEMPT OF COURT
Comes now Respondent, **** *******, and alleges and states the following:
1. This Court entered a Decree of Dissolution of Marriage in this case on January 26, 2004.
2. This Court entered a Modification of Child Custody on March 27, 2006.
a. Order was amended July 21, 2006.
b. The modification is currently under appeal.
3. Respondent, is a resident of Platte County, Missouri. Her residence address is XX.
4. Petitioner is a resident of Platte County, Missouri. His residence address is XX.
5. Petitioner filed for and received a restraining order against Respondent on October 10, 2006.
a. Case # XX
6. Petitioner’s wife filed for and received a restraining order against Respondent on October 10, 2006.
a. Case # XX
7. This Court has previously instructed Petitioner that no one other than a parent should be scheduling or taking the children to doctor’s appointments.
8. Petitioner has willfully and consistently disregarded the provisions set forth in the Parenting Plan entered on March 27, and amended on July 21, 2006, as well as other instructions of the court.
a. Petitioner has repeatedly impeded communication between Respondent and the children during his custodial periods:
i. On August 23, 2006 Petitioner informed Respondent that she should not call his wife’s phone, and should only speak to the children when he’s in attendance and the volume on the phone is high enough that Respondent’s portion of the conversation can be overheard.
ii. On September 20, 2006 Petitioner has informed Respondent that she is only allowed to call him after 5pm and only in an emergency.
iii. On September 20, 2006 Petitioner requested that all non-emergency communication be in writing. Due to the Restraining Order, Respondent cannot call Petitioner’s wife, seriously restricting communication with the children as she is their main care provider when the children are in Petitioner’s custody.
iv. Petitioner often neglects to return phone calls about or to the children. This has resulted in Respondent attempting to communicate with him only in writing.
v. Respondent has provided ******* (oldest child) with a cell phone in order to facilitate communication. Petitioner has repeatedly threatened to take it away from her while she is in his custody.
vi. Petitioner has indicated that he considers written communication harassment of him and ‘his’ family.
b. Petitioner has continually refused to communicate/confer regarding decisions affecting the children per the joint custody order:
i. About 04/2006, Petitioner expressed a desire to begin using PCN as the children’s primary care physician, rather than PM, as that is where his youngest child goes to the doctor.
1. Respondent did not agree to the change.
ii. On 04/02/2007 Petitioner indicated in writing that he wished to change pediatricians.
1. In a written response on 04/11/2007, Respondent voiced her opposition to this change.
iii. On 04/19/2007 Petitioner verbally discussed changing pediatricians with Respondent.
1. Respondent again voiced her opposition to this proposal.
2. Petitioner indicated that he considered this a ‘failure at resolution’ and that he would continue using the ‘new’ pediatrician at his discretion.
c. Petitioner has repeatedly scheduled doctor’s appointments without informing Respondent prior to the appointment, and oftentimes withholding information about the appointment afterward as well.
i. On *INSERT DATE* Petitioner scheduled an appointment for **** at PCN.
1. Petitioner did not inform Respondent prior to this appointment, nor after it. Petitioner heard about appointment from child.
2. Petitioner’s wife took **** to this appointment.
3. Respondent was not made aware of the impetus for the appointment.
ii. On or about September 15, 2006, Petitioner did not inform Respondent prior to a medical appointment for **** at Children’s Mercy Hospital.
1. In an email dated September 20, 2006 Respondent asked Petitioner to explain the purpose of the appointment, as well as any diagnosis.
2. On September 26, 2006 Respondent again questioned Petitioner about this appointment.
3. To date, Petitioner has not informed Respondent of any findings at this appointment, nor of the specific reasons behind the appointment.
4. Petitioner’s wife took **** to this appointment.
iii. On or about March 15, 2007 Petitioner scheduled an appointment for ******* at PCN.
1. Petitioner did not inform Respondent prior to this appointment.
2. Petitioner’s wife took ******* to this appointment.
3. Child was prescribed an antibiotic she has previously experienced allergic reactions to, as well as a steroidal allergy medication that was unnecessary as she already takes a similar medication.
4. Physician was given incorrect and incomplete medical history of child by Petitioner’s wife.
d. On May 13, 2006, Petitioner gave notice of his period of uninterrupted time with the children. In that letter, Petitioner indicated that he would ‘work with’ Respondent re: her time with the children as she had failed to notify him of dates prior to May 1. Subsequently, Petitioner refused to allow Respondent her uninterrupted summer visitation with the children unless she would sign an affidavit ‘releasing’ him from the following 4 months of child support in lieu of payment of judgment entered against Respondent on 03/27/2006.
i. Respondent refused to sign affidavit and was not allowed to exercise her summer vacation period.
e. Petitioner is ordered to provide Respondent with insurance cards.
i. On 02/11/2007 Respondent requested, via phone call, that Petitioner provide her with new insurance cards after encountering difficulty filling a prescription for ****. Petitioner did not do so.
ii. On 02/13/2007 Respondent requested, in writing, that Petitioner provide her with new insurance cards. Petitioner did not do so.
iii. On or about 03/19/2007, Respondent requested cards from HR at Petitioner’s employer.
1. Respondent has received dental and prescription cards, but not insurance cards.
f. Petitioner is ordered to provide copies of school communications received on his time to Respondent, particularly if they contain information that will impact Respondent’s custodial periods.
i. School progress reports are almost always sent home on Wednesdays. This is always Petitioner’s Day. The following dates reflect dates of progress reports. None of them were forwarded to Respondent per the order:
1. September 20, 2006.
2. November 15, 2006.
3. February 7, 2007.
4. April 13, 2007.
ii. On 03/30/2007 and 04/05/2007 Petitioner received notification from the school, but did not inform respondent, that the dates for Spring Break were altered in order to make up snow days.
g. In October 2006, Petitioner expressed a desire to take the children to counseling. Petitioner was specifically instructed by this Court that if the children were involved in counseling, Respondent needed to be included from the outset.
i. On 04/02/2007, Petitioner sent Respondent a letter which simply listed ‘counseling if you wish to be involved’ as a discussion point.
ii. On 4/11/2007 Respondent informed Petitioner in writing that she would very much like to be involved in any counseling, and that an impartial 3rd party might be just the thing the kids needed.
iii. On 4/19/2007, Petitioner informed Respondent that he’d been taking the children to a counselor for ‘awhile’ and had been under no obligation to inform Respondent because he considered it a ‘routine and minor decision’ since it’s ‘not brain surgery’.
iv. Respondent has spoken with counselor and counselor has indicated that she is not seeing the children in a ‘clinical setting’, but has, in fact ‘visited with’ them on several occasions.
WHEREFORE, it is in good faith and with full contemplation of the best interests of the children in mind that Respondent prays the Court find Petitioner in Contempt and impose sanctions, at the court’s discretion, up to and including a change in physical custody to remove midweek overnights, and therefore the issue with medical appointments and school communications, from Petitioner.
And Yes, him not mentioning it and not notifying authorities speaks VOLUMES about the allegation.