Preparing to file contempt

[CJane]

What is the name of your state? MO

Ok. I think I have the motion for finding of contempt ready to file the Friday before Father's Day (because that is the last possible weekday before the kids begin their 2 weeks with me and I want as much time as possible between Ex being served and the kids being in his care).

Anyway, it's a LONG document. It's bulleted information, and it's still 18 pages long. I don't think I included extraneous information, but I suppose it's possible that I did.

So... help me out here.

Considering that the major reasons that I won my motion for modification to joint legal from him having sole legal are:
1) His continuing attempts to us his status as legal custodian to infringe on my time with the children (this was actually stated as 'obvious' by both the trial court and the appeals court.
2) I was found to be the parent most likely to facilitate a relationship between the children and both parents.

I'm going to list some things that I've included in the motion. Please let me know if they're big enough deals to be included.

1) Stepmother continuing to take the children to Doctor's appointments that I'm not informed of prior to. Remember that there's a restraining order barring any communication between SMom and myself. SMom has also been listed as the secondary contact on ALL medical records at the 'new' pediatrician's office.
2) My name appearing nowhere at all on dental records.
3) My name not even being listed as a next of kin at Children's Hospital.
4) Ex making allegations to physicians that youngest girl was sexually abused while in my care, but never following up on that or addressing concerns to me.
5) When I am listed in medical records, my contact information is either left blank or filled in with 'unknown' and I am listed as Biological Mother.
6) Father has claimed that he's taken children for counseling. I actually know this to be untrue, but he insists they're seeing a counselor and that it's been 'very helpful'.

I think that's all I'm unsure about.

Also, I've listed EVERY. SINGLE. APPOINTMENT. that the kids have been to and I wasn't informed of. Is that necessary, or should I go for a more general sort of layout? I've also listed EVERY. SINGLE. RECORD. and place where my info is not filled in or is filled in incompletely/incorrectly. Same with all instances of Father/SMom giving incorrect/incomplete medical history. Is that necessary?

I want this perfect the first time and there's no way I can hire an attorney.

Thanks.

 

[GrowUp!]

What is the name of your state? MO

Ok. I think I have the motion for finding of contempt ready to file the Friday before Father's Day (because that is the last possible weekday before the kids begin their 2 weeks with me and I want as much time as possible between Ex being served and the kids being in his care).

Anyway, it's a LONG document. It's bulleted information, and it's still 18 pages long. I don't think I included extraneous information, but I suppose it's possible that I did.

So... help me out here.

Considering that the major reasons that I won my motion for modification to joint legal from him having sole legal are:
1) His continuing attempts to us his status as legal custodian to infringe on my time with the children (this was actually stated as 'obvious' by both the trial court and the appeals court.
2) I was found to be the parent most likely to facilitate a relationship between the children and both parents.

I'm going to list some things that I've included in the motion. Please let me know if they're big enough deals to be included.

1) Stepmother continuing to take the children to Doctor's appointments that I'm not informed of prior to. Remember that there's a restraining order barring any communication between SMom and myself. SMom has also been listed as the secondary contact on ALL medical records at the 'new' pediatrician's office.
2) My name appearing nowhere at all on dental records.
3) My name not even being listed as a next of kin at Children's Hospital.
4) Ex making allegations to physicians that youngest girl was sexually abused while in my care, but never following up on that or addressing concerns to me.
5) When I am listed in medical records, my contact information is either left blank or filled in with 'unknown' and I am listed as Biological Mother.
6) Father has claimed that he's taken children for counseling. I actually know this to be untrue, but he insists they're seeing a counselor and that it's been 'very helpful'.

I think that's all I'm unsure about.

Also, I've listed EVERY. SINGLE. APPOINTMENT. that the kids have been to and I wasn't informed of. Is that necessary, or should I go for a more general sort of layout? I've also listed EVERY. SINGLE. RECORD. and place where my info is not filled in or is filled in incompletely/incorrectly. Same with all instances of Father/SMom giving incorrect/incomplete medical history. Is that necessary?

I want this perfect the first time and there's no way I can hire an attorney.

Thanks.

I would say be detailed in your Memorandum In Support that I am sure you'll attached to the motion for show cause.

Also, I don't know if you are doing this, but for each violation, ask the court to view each one as an individual violation of contempt. So, for example, if there are three medical providers who care for the children and you're emergency contact info is not listed, then list EACH of those as an individual violation of the order and/or statute.

In the case you listed regarding the medical appointments you were not made aware of. How many were there that you were not notified of? Then list each one as an individual violation of the order.

I can't remember, but if there's more than one child, then multiply those violations times ____. Go for it all. Make an impact.

In addition, state the language from your order and/or statute regarding the other parent's info (yours) being listed, requiring you to be notified, etc.

Plus, you should cite state statutes in regards to penalities for EACH violation of a court order (this should be near the end of it) -- including emphasizing any pertinent language in the statutes (i.e. "shall") so the court know what action it MUST take (just for clarity -- and again, an impact). Whether the court rules that way is another story, but it certainly doesn't hurt to file this type of contempt (I had my attorney do it this way!!!).

With the abuse allegation thing, see if you can conjure up any case law about what the Supreme Court in your state has stated on parent(s) who make false claims as severe as sexual abuse (I know I have some saved for Ohio, for example). I've used LexisONE -- and you can get case law for free -- just for your FYI. Hope this helps.

 

[CJane]

I would say be detailed in your Memorandum In Support that I am sure you'll attached to the motion for show cause.

Also, I don't know if you are doing this, but for each violation, ask the court to view each one as an individual violation of contempt. So, for example, if there are three medical providers who care for the children and you're emergency contact info is not listed, then list EACH of those as an individual violation of the order and/or statute.

That's basically what I did. I have it like this

"On XX/XX/XXXX, Stepmother filled out a 'new patient form' for Wild. Listed herself as 'mother' and Respondent (me) as "Biological Mother"."

Then, next bulleted instance of contempt.

In the case you listed regarding the medical appointments you were not made aware of. How many were there that you were not notified of? Then list each one as an individual violation of the order.

11 that I'm aware of now (having received copies of medical records). That's minimum as he insists he's taken them to a counselor. She's equally insistent that she's not seeing the children 'in a clinical setting' so there are no records to obtain.

I can't remember, but if there's more than one child, then multiply those violations times ____. Go for it all. Make an impact.

2 kids.

In addition, state the language from your order and/or statute regarding the other parent's info (yours) being listed, requiring you to be notified, etc.

Yup. That's what I did. As follows:

"Court order states: Blah blah blah"

Petitioner has violated this order as follows: Blah blah blah"

Plus, you should cite state statutes in regards to penalities for EACH violation of a court order (this should be near the end of it) -- including emphasizing any pertinent language in the statutes (i.e. "shall") so the court know what action it MUST take (just for clarity -- and again, an impact). Whether the court rules that way is another story, but it certainly doesn't hurt to file this type of contempt (I had my attorney do it this way!!!).

Thanks, I hadn't thought of that. I only 'prayed the court' find him in contempt and impose sanctions 'at the court's discretion up to and including a change in physical placement"

With the abuse allegation thing, see if you can conjure up any case law about what the Supreme Court in your state has stated on parent(s) who make false claims as severe as sexual abuse (I know I have some saved for Ohio, for example). I've used LexisONE -- and you can get case law for free -- just for your FYI. Hope this helps.

All I can find so far applies only if I suffer damages. As no investigation was ever done, I didn't. Incidentally, I've spoken several times with the social worker that Stupidhead made his allegation to at Children's Hospital. He said "If you need my help in dealing with those two regarding your child's medical issues - or lack thereof, please let me know."

 

[CourtClerk]

All I can find so far applies only if I suffer damages. As no investigation was ever done, I didn't. Incidentally, I've spoken several times with the social worker that Stupidhead made his allegation to at Children's Hospital. He said "If you need my help in dealing with those two regarding your child's medical issues - or lack thereof, please let me know."

Now would be a good time to let him/her know. An affadavit/letter included in a supplemental declaration would be good.

In addition, state the language from your order and/or statute regarding the other parent's info (yours) being listed, requiring you to be notified, etc.

Can't tell you HOW IMPORTANT this is...

However looks good CJane. Good luck!

 

[GrowUp!]

11 that I'm aware of now (having received copies of medical records). That's minimum as he insists he's taken them to a counselor. She's equally insistent that she's not seeing the children 'in a clinical setting' so there are no records to obtain.


2 kids.

So if they have each gone to 11 appointments, I would ask the court to view each one -- for each child -- as an individual violation of the order -- making it 22 counts of contempt on that issue alone.

Yikes...I dunno if a Judge would actually see it that way, but like I said, I had my attorney do something like that and there were like a dozen-plus issues of contempt the court was going to consider.

Thanks, I hadn't thought of that. I only 'prayed the court' find him in contempt and impose sanctions 'at the court's discretion up to and including a change in physical placement"

I learned this later, too because Judges might not be aware of the exact language of the statute, therefore putting it in your motion will remind them if they "shall" impose fines and/or jail time, which doesn't really leave them up to any discretion.

I know if I got a show cause for contempt (which I never have) that was very detailed and was facing tons of contempts and fines, I'd slightly mess myself.