Trying to respond to Show Cause Order

[truebluemd]

What is the name of your state (only U.S. law)? md

i recently received a show cause order for contempt (denial of visitation). My response was only a few sentences where I stated I received the order, that I deny the allegations, and that I will be present in court for the date specified in the order. Is this an appropriate response?

 

[CSO286]

What is the name of your state (only U.S. law)? md

i recently received a show cause order for contempt (denial of visitation). My response was only a few sentences where I stated I received the order, that I deny the allegations, and that I will be present in court for the date specified in the order. Is this an appropriate response?

That is fine, but we can also help you prep a bit, if you give is more details.

What part of the order are you accused of being in contempt of?

 

[mistoffolees]

That is fine, but we can also help you prep a bit, if you give is more details.

What part of the order are you accused of being in contempt of?

And also tell us why you think you're not in contempt of that part of the order.

 

[truebluemd]

Oh My, I just typed in everything and it didnt got through

Well his motion is not detailed. No specific dates. In the box where it says list specific dates, he wrote "phone calls, federal holidays, christmas, thanksgiving" in 2009 and 2010

I can account for all of the holidays. This past xmas and thanksgivign I had witnesses

As far as phone calls, he never calls to speak to ds.

Additionally, he moved out of state to his home state in early fall last year. Since then he has missed all of his scheduled visitation. I showed up every visit for about the first three weeks, then I figured he woudl call if he showed up.

he voluntarily missed several weekends for his own reasons. the only weekend he has ever missed due to neither of our fault was when it snowed. I also missed a 2hour midweek visit due to late work and traffic. We discussed makeup time for those and he did get some makedup timeduring the summer.

All monday holidays go to the parent who visitation weekend if falls under. That only leaves NYE and July 4. Last year he did not show up for July 4. 2010 (as I understand it) was my year to have him.

 

[truebluemd]

here is my response


I am the Plaintiff in the above referenced case and am in receipt of a show cause order to appear in court in the matter of a motion for denial of visitation, filed by the defendant. I deny the allegations against me. I intend to be present for the hearing scheduled on March 16, 2011, so that this matter can be resolved.

 

[mistoffolees]

Oh My, I just typed in everything and it didnt got through

Well his motion is not detailed. No specific dates. In the box where it says list specific dates, he wrote "phone calls, federal holidays, christmas, thanksgiving" in 2009 and 2010

I can account for all of the holidays. This past xmas and thanksgivign I had witnesses

As far as phone calls, he never calls to speak to ds.

Additionally, he moved out of state to his home state in early fall last year. Since then he has missed all of his scheduled visitation. I showed up every visit for about the first three weeks, then I figured he woudl call if he showed up.

he voluntarily missed several weekends for his own reasons. the only weekend he has ever missed due to neither of our fault was when it snowed. I also missed a 2hour midweek visit due to late work and traffic. We discussed makeup time for those and he did get some makedup timeduring the summer.

All monday holidays go to the parent who visitation weekend if falls under. That only leaves NYE and July 4. Last year he did not show up for July 4. 2010 (as I understand it) was my year to have him.

You may have a problem. "I showed up every visit for about the first three weeks, then I figured he woudl call if he showed up" isn't really satisfactory. You need to be at the assigned visitation point unless you have a direct statement that he's not going to be there.

Prepare all your evidence about the above - have a list of people who were there for the holidays or anyone who can verify that you were at the exchange point. If possible, bring a couple of witnesses. If you have receipts for anything you bought at the exchange point (gas, fast food, whatever) that will show you were there, that will help.

You could potentially get dinged if he showed up after you quit going and you weren't there - but since he didn't list those in his complaint, you should ask the judge to ignore it if he brings it up later (tell him you do not have your evidence for those dates because they weren't on the complaint so you didn't bring them).

Given the circumstances, though, I'd simply explain everything to the judge - and ask the court for a more specific long distance visitation plan with ex being responsible for transportation since he's the one who moved.

 

[truebluemd]

You may have a problem. "I showed up every visit for about the first three weeks, then I figured he woudl call if he showed up" isn't really satisfactory. You need to be at the assigned visitation point unless you have a direct statement that he's not going to be there.

I understand. But I have been back every now and then. especially on fridays when I get home from work. Also of note, he filed this motion back in August 2010, shortly BEFORE moving, so its not in the motion.

Prepare all your evidence about the above - have a list of people who were there for the holidays or anyone who can verify that you were at the exchange point. If possible, bring a couple of witnesses. If you have receipts for anything you bought at the exchange point (gas, fast food, whatever) that will show you were there, that will help.

I have the officer's name who was with me for Thanksgiving 2010. I also called and texted him the next day. Beleive me I had not plans in keeping ds with me cause I wanted to go BlackFriday shopping Thanksgiving Night

My brother waiting with me for Xmas. The exchange was to be at 1pm. I generally only go to the exchanges alone but I specifidally asked my brother to come with me for this ver reason, although I had no idea if he was in town or not.

You could potentially get dinged if he showed up after you quit going and you weren't there - but since he didn't list those in his complaint, you should ask the judge to ignore it if he brings it up later (tell him you do not have your evidence for those dates because they weren't on the complaint so you didn't bring them).

Well I do go the site sometimes. Generally on a friday, and if he's not there, then I just wont go on that following wednesday . I am not so concerned about this. he sent me emails about him moving.

Given the circumstances, though, I'd simply explain everything to the judge - and ask the court for a more specific long distance visitation plan with ex being responsible for transportation since he's the one who moved.

This is my second time he has taken me to court for this. The first time everything was dismissed, particularly cause he set me up to get dinged by calling and sayin he wasnt comeing, but showed up anyway, which is why i show up every now and then.

Beleive it or not, I encouraged him to modify the plan. He said he didnt want it cause he planned on returning and he wanted the right to see him if he showed up here on his weekend. He got married a few months before he moved to away (to fl). The wife still lives here so I figured he would visit quite often. yet the only time I know of him being in town is when he showed up, unexpectedly at ds daycare. No calls, no pre-arrangements, no nothing. he showed up on a friday in the middle of the day, then showed up again tuesday. he threatened to get a court order. With daycares they usually get some kind of notification if someone other than the normal pick-up person shows up. the director was concerned and called me because she had never seen him before and I had no idea he was even in town. She said she preferred me to keep ds out of daycare the rest of the day cause she didnt want any custody disputes on-site at the daycare. I had to keep him with me at my job the rest of the day. This incident also happened after he filed.

 

[truebluemd]

welp, Ive turned it in. The clerk read it and said it was fine. All I need to do now is show up in court Thanks all