Purging Contempt

[luvisabattle]

Washington

Summary of history - Dad charged me with contempt of our PP because I changed our daughter's daycare without his agreement. We have joint decision making. We are currently in the middle of a hearing for child care expense (dad doesn't want to pay). During our first hearing (phone conference) the Judge asked dad if I had "purged" the contempt. I pulled out the order and did some research and as it turns out I can have the contempt order purged.

You guys didn't tell me that.

Through our dispute resolution process (mediation) and if no agreement is made then I file a motion.

Does "purged" mean that it is off my record and I do not have one count against me?

 

[BL]

Washington

Summary of history - Dad charged me with contempt of our PP because I changed our daughter's daycare without his agreement. We have joint decision making. We are currently in the middle of a hearing for child care expense (dad doesn't want to pay). During our first hearing (phone conference) the Judge asked dad if I had "purged" the contempt. I pulled out the order and did some research and as it turns out I can have the contempt order purged.

You guys didn't tell me that.

Through our dispute resolution process (mediation) and if no agreement is made then I file a motion.

Does "purged" mean that it is off my record and I do not have one count against me?

Did you do as the court ordered to purge the contempt ?

It most likely will remain in the court file in records either way .

 

[luvisabattle]

I did send a co-petition form for mediation to the dad and requested that he sign and send it back to me. His attorney sent him an e-mail copying me saying that it was a good idea to mediate. But that was just now.

 

[BL]

I did send a co-petition form for mediation to the dad and requested that he sign and send it back to me. His attorney sent him an e-mail copying me saying that it was a good idea to mediate. But that was just now.

I have no idea what your talking about . I don't go back reading prior post ,normally .

If a court finds you in contempt , the Judge may offer a solution to purge the contempt . You must adhere to what the Judge directed you to do in order to purge the contempt .

 

[luvisabattle]

Right, the judge had ordered that I mediate with the dad and if no agreement is reached I can file and have the court make the decision. Which I'm in the process of doing right now.

I didn't know about "purging" the contempt until the judge at a different hearing refered to it.

From my understanding you are only allowed two contempt charges and then you can have custody rights taken away and jail time.

My question for FreeAdvice is if I have this order purged, will it still count against my two allowed?

 

[CJane]

Right, the judge had ordered that I mediate with the dad and if no agreement is reached I can file and have the court make the decision. Which I'm in the process of doing right now.

I didn't know about "purging" the contempt until the judge at a different hearing refered to it.

From my understanding you are only allowed two contempt charges and then you can have custody rights taken away and jail time.

My question for FreeAdvice is if I have this order purged, will it still count against my two allowed?

I do not believe that the "purge" removes the contempt finding. It is simply you "making good" for your errors. Kind of like paying a fine (and sometimes the purge is monetary) or serving a jail sentence. Neither removes the charge/finding of guilt.

It's quite rare that a "purge" would be ordered as you describe though - generally, a purge is a punishment and not an opportunity to mediate a new agreement.

I'm not sure you understand what the judge's findings were, nor what the order states.

I believe that rather than being given an opportunity to purge the contempt, you really had "remedial sanctions" imposed upon you. Remedial sanctions are intended to stop you from continuing to commit the contempt. Hence the mediation and modification.

 

[stealth2]

My question for FreeAdvice is if I have this order purged, will it still count against my two allowed?

Are you planning on being in contempt again?

 

[luvisabattle]

Are you planning on being in contempt again?

HELL no, but common sense and family law doint always coincide. Throw high emotion in there and anything can happen.

 

[luvisabattle]

I do not believe that the "purge" removes the contempt finding. It is simply you "making good" for your errors. Kind of like paying a fine (and sometimes the purge is monetary) or serving a jail sentence. Neither removes the charge/finding of guilt.

It's quite rare that a "purge" would be ordered as you describe though - generally, a purge is a punishment and not an opportunity to mediate a new agreement.

I'm not sure you understand what the judge's findings were, nor what the order states.

I believe that rather than being given an opportunity to purge the contempt, you really had "remedial sanctions" imposed upon you. Remedial sanctions are intended to stop you from continuing to commit the contempt. Hence the mediation and modification.

I understand now, thanks.

clause 3.8 - "Conditions for Purging the Contempt" says "The conemnor may purge the contempt as follows: going to dispute resolution and if no agreement to file for a court hearing."

 

[luvisabattle]

another question about contempt

So I went through the process of requesting the mediation session through family court services and finally got the father to return the signed co-petition form. The father meanwhile filed another contempt order for withholding residential time.

Two weeks before the hearing I receive a notice from FCS that father did not return the required qestionaire etc so they were going to dismiss the request for mediation.

At the hearing - when it was my turn to explain the missed res time - I added that I had tried to mediate with the father once before but he would not sign the plan that the mediator drew up. By the way this plan had the residential time clarified so that there would be no need for negotiation and left no room for misunderstandings and mis-interpretations. I also said that I was in the process of setting up the mediation session that was required from the 1st contempt hearing, but the father was not cooperating.

SO - the comissioner ordered that we were to go to the mediation session and that he would review the outcome and then make his ruling on the 2nd contempt order in July.

My questions for you are:

1) Because it was un-clear what the weekday time should be in the plan and the day the father had notified me he wanted was under dispute what are the chances the comissioner will find me contempt?

2) Isnt the fact that I was trying to go through our court ordered dispute resolution process (twice) - not just file contempt order after contempt order show that I am trying to negotiate in a co-parenting manner?

3) Did the comissioner order that we meet for mediation show that he agreed the PP was not clear? Why would he order that, and what is he looking for when he says that he wants to review how the mediaiton went?

Thanks for your help -

PS when I asked the attorney sitting next to me in the court room if she knew the comissioner she said yes that he wasn't patient and to not inturrupt him. And I'm pro se so....