OK, I need real advice this time. :p

[CJane]

I agree with this! And I have been learning from.... well... from YOU!

And you keep telling me... don't worry about "proving" it in your motion. Where your information comes from is not relevant, here. You have made the charge and you can back it up. Let him do the foot work you have done! Or tell him to do it right the first time...

Attorney fees?... He needs an attorney to go up against little ole you?

A personal injury attorney. Because apparently I hurt him???

I smell something foul... but it sure didn't come from your house when I was there!!!

Of course not. I made you chicken and dumplings. They could never smell icky.

 

[CJane]

For the bond issue thingy -- quote the law about contempt where normally they have to pay your attorney fees. Of course that is guessing that MO law requires the loser to pay the attorney fees of the winner because it is only due to SH's not obeying... yada yada yada. THURSDAY COME QUICKLY!

This is all I can find, but it seems to apply to denial of physical custody...

what say y'all?

6. Upon a finding by the court pursuant to a motion for a family access order or a motion for contempt that its order for custody, visitation or third-party custody has not been complied with, without good cause, the court shall order a remedy, which may include, but not be limited to:

(1) A compensatory period of visitation, custody or third-party custody at a time convenient for the aggrieved party not less than the period of time denied;

(2) Participation by the violator in counseling to educate the violator about the importance of providing the child with a continuing and meaningful relationship with both parents;

(3) Assessment of a fine of up to five hundred dollars against the violator payable to the aggrieved party;

(4) Requiring the violator to post bond or security to ensure future compliance with the court's access orders; and

(5) Ordering the violator to pay the cost of counseling to reestablish the parent-child relationship between the aggrieved party and the child.

7. The reasonable expenses incurred as a result of denial or interference with custody or visitation, including attorney's fees and costs of a proceeding to enforce visitation rights, custody or third-party custody, shall be assessed, if requested and for good cause, against the parent or party who unreasonably denies or interferes with visitation, custody or third-party custody. In addition, the court may utilize any and all powers relating to contempt conferred on it by law or rule of the Missouri supreme court.

Only problem... I can't find anything 'conferred on it by law or rule of the Missouri supreme court'.

 

[Bloopy]

In fact, they also gripe that I wasn't specific enough in my 'enumeration' so I changed my Petition and now everything is VERY SPECIFIC and VERY numbered. So I'm at like 52 counts of contempt instead of 15.

Kick @ss. Better wittier advice has been given then I have. So Kick @ss CJane

 

[CJane]

Ok, in #12 of their Motion, they state the following:

Statutory enactments as to what shall constitute contempt should be strictly construed. White v. Hutton, 204 S.W.2d 193 (Mo.App. 1951)

I cannot find that case anywhere except as referenced in other cases. Help? I found it referenced in a case on FindLaw.com but not that quote.

I've tried googling the case, googling the sentence, searching Findlaw.com, searching the appeals court site, I'm running out of ideas and I can't find this reference anywhere.

If I don't find it, how to respond?

So far, almost all of my responses say "Respondent is attaching an Amended Petition for Finding of Contempt of Court... "

Am I covered on this one because I quote the statute that defines contempt? Is that what they mean?

 

[CJane]

ANSWER TO PETITIONER’S MOTION TO DISMISS RESPONDENT’S PETITION FOR FINDING OF CONTEMPT OF COURT
or, in the Alternative,
MOTION FOR MORE DEFINITE & CERTAIN STATEMENT
COMES NOW Respondent, CJANE, and answers Petitioner’s Motion to Dismiss Respondent's Petition for Finding of Contempt of Court, and the alternative Motion for More Definite and Certain Statement filed by Petitioner on October 22, 2007.
1. Respondent is attaching an Amended Petition for Finding of Contempt of Court, affording the Court with subject matter jurisdiction.
2. Respondent is attaching an Amended Petition for Finding of Contempt of Court, stating a claim upon which relief can be granted.
3. Respondent is attaching an Amended Petition for Finding of Contempt of Court, removing her request for the court to expand the previous Order.
4. Respondent denies that the Order of the Court is not specific or definite.
5. Respondent is attaching an Amended Petition for Finding of Contempt of Court, which is both specific and definite regarding what specific aspects of the prior Order of this Court that Petitioner has violated.
6. Respondent objects to Petitioner’s request that she furnish security for Petitioner’s costs and attorneys fees incurred herein. Respondent’s petition is not frivolous and there is no reason to assume that Respondent would be ordered to pay Petitioner’s attorneys fees.
7. Respondent is attaching an Amended Petition for Finding of Contempt of Court, incorporating Petitioner’s suggestions for clarification and attaching exhibits of the documents in question.
8. Respondent is attaching an Amended Petition for Finding of Contempt of Court, more clearly stating the charges.
9. Respondent is attaching an Amended Petition for Finding of Contempt of Court, properly advising Petitioner of the charges against him.
10. Respondent is attaching an Amended Petition for Finding of Contempt of Court, including notice of the specific acts of contempt charged.
11. Respondent is attaching an Amended Petition for Finding of Contempt of Court which will satisfy all requirements enumerated herein.
12. !!!!!
13. Respondent is attaching an Amended Petition for Finding of Contempt of Court which provides simple, concise and direct averments as required by Missouri Rule of Civil Procedure 55.04.
14. Respondent is attaching an Amended Petition for Finding of Contempt of Court which complies with the requirements of Rule 55.11.
15. Respondent is attaching an Amended Petition for Finding of Contempt of Court which contains numbered paragraphs and complies with the requirements of the Missouri Rule of Civil Procedure 55.11 as it pertains to the use of numbered paragraphs.

WHEREFORE, Respondent prays this Court deny Petitioner’s Motion to Dismiss and grant Petitioner’s alternative Motion for More Definite and Certain Statement by allowing the attached Amended Petition for Finding of Contempt of Court.

 

[CJane]

ANSWER TO PETITIONER’S APPLICATION FOR TRIAL CONTINUANCE
COMES NOW Respondent, CJANE, and answers Petitioner’s Application for Trial Continuance filed by Petitioner on October 19, 2007.
1. Respondent can neither agree nor disagree.
2. Respondent objects to Petitioner’s request for mediation in this case pursuant to RSMo. 452.372.3 which states: Any alternative dispute resolution program ordered by the court pursuant to this section may be paid for by the parties in a proportion to be determined by the court, the cost of which shall be reasonable and customary for the circuit in which the program is ordered, and shall:
(1) Not be binding on the parties;
(2) Not be ordered or used for contempt proceedings;
(3) Not be ordered or utilized for child support issues; and
(4) Not be used to modify a prior order of the court, except by agreement of the parties.
3. Respondent agrees to continuance. New hearing date is Monday December 17 at 1:30 pm.

Wherefore, Respondent prays the Court deny Petitioner’s request for mediation as other requests are agreed to and already granted by this Court.

 

[Ohiogal]

This is all I can find, but it seems to apply to denial of physical custody...

what say y'all?



Only problem... I can't find anything 'conferred on it by law or rule of the Missouri supreme court'.

Use what you quoted. And it deals with anything dealing with a custody order -- which is what a shared parenting plan is. Sorry. Was in bed by 8pm last night sound asleep.

 

[CJane]

Bumping for a definition...

This line is making me crazy(er)...

"Statutory enactments as to what shall constitute contempt should be strictly construed." They then reference an appeals court decision from 1951 which I cannot find anywhere ( I mentioned this in a previous post)

In my new motion, I have included the following bit...

"RSMo. 476.110 state "Every court of record shall have power to punish as for criminal contempt persons guilty of" ... 3)Willful disobedience of any process or order lawfully issued or made by it..."

Is that strictly construed statutory enactments?

(I used the entire statute and bolded the relevant portions in my actual filing.)

 

[Ohiogal]

Bumping for a definition...

This line is making me crazy(er)...

"Statutory enactments as to what shall constitute contempt should be strictly construed." They then reference an appeals court decision from 1951 which I cannot find anywhere ( I mentioned this in a previous post)

In my new motion, I have included the following bit...

"RSMo. 476.110 state "Every court of record shall have power to punish as for criminal contempt persons guilty of" ... 3)Willful disobedience of any process or order lawfully issued or made by it..."

Is that strictly construed statutory enactments?

(I used the entire statute and bolded the relevant portions in my actual filing.)

What it means is that the statute (which you quoted) must be followed strictly. You have to show that he willfully disobeyed.

 

[CJane]

What it means is that the statute (which you quoted) must be followed strictly. You have to show that he willfully disobeyed.

OH, well, that's easy.

So as answer to #12, does this suffice..

"Respondent is attaching an Amended Petition for Finding of Contempt of Court: Definite and Certain Statement which will satisfy the requirements." ?

 

[Ohiogal]

OH, well, that's easy.

So as answer to #12, does this suffice..

"Respondent is attaching an Amended Petition for Finding of Contempt of Court: Definite and Certain Statement which will satisfy the requirements." ?

Probably. But who knows what his attorney will argue next.

 

[CJane]

Probably. But who knows what his attorney will argue next.

He's welcome to keep paying the attorney to keep fighting with me. Eventually the judge will tire of their antics and be pissed off before we ever set foot in court.

 

[casa]

He's welcome to keep paying the attorney to keep fighting with me. Eventually the judge will tire of their antics and be pissed off before we ever set foot in court.

Yep. And then they'll be looking at Jerk Status~ Or worse, be told not to return to court.....say unless you're Dead or Incarcerated.

 

[LdiJ]

CJane,

Its really important, in the first motion you posted above, to add, (before the numbered section) a short paragraph that specifically objects to the motion being dismissed.

 

[CJane]

Yep. And then they'll be looking at Jerk Status~ Or worse, be told not to return to court.....say unless you're Dead or Incarcerated.

Well, then he'll just start on a crusade to have me tossed in the pokey. Or the boobyhatch... he DID request that I be ordered to take a psych eval at the RO hearing last year.