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Should I file for contempt??

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Datman07

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

It's been awhile since I've been on this site, but I'm a NCP who entered into a parenting agreement with CP for visitation in 2005. Since then, I have been dealing with CP trying to infringe on my agreed upon visitation which is mostly in the form of dance competitions, soccer, and family outings. While I have been lenient and willing to accommodate to keep the peace (as long as I didn't have any specific plans made for that time), I have also been very protective of the time I have with my daughter.

So per our agreement, I get my daughter for spring break every odd year, which would mean this year (Mar 16-27). When I first reminded CP during weekend visitation last month, there was no mention of any commitments that could potentially interfere with my spring break visitation. Only mention of a dance competition that was the same weekend as my visitation time for February, which we rescheduled. So because of that I planned for my spring break visitation (2 weeks).

In talking with CP this morning, she was only willing to do one week of the 2 week spring break mentioning that our daughter had other plans that she was committed to and that she preferred this over visitation, not to mention another dance competition the weekend of Mar 28/29. Since I had already planned for the entire two weeks, I'm very reluctant to back down at this point and have been told by CP that she intends to honor her other commitments and not our agreed upon visitation time citing that "our daughter has made her decision". I don't buy this at all and advised CP that if she does not honor our visitation agreement that I will file for contempt (as I probably should at this point). She stopped communicating with me at that point.

While it is not my intent to stand in the way of anything my daughter wants to do (I actually encourage her when there is something she wants to try), I feel that CP does try and use this as a means to interfere with my visitation, especially when I am not made aware or even invited to these events. I love my daughter very much and try very hard to be as much a part of her life as I can, even if we do live 500+ miles apart.

So with that said, the question is Am I in the right for threatening to file for contempt? And if I do, would I potentially make the situation worse from a legal standpoint? Any legitimate advice would be greatly appreciated.
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? TN

It's been awhile since I've been on this site, but I'm a NCP who entered into a parenting agreement with CP for visitation in 2005. Since then, I have been dealing with CP trying to infringe on my agreed upon visitation which is mostly in the form of dance competitions, soccer, and family outings. While I have been lenient and willing to accommodate to keep the peace (as long as I didn't have any specific plans made for that time), I have also been very protective of the time I have with my daughter.

So per our agreement, I get my daughter for spring break every odd year, which would mean this year (Mar 16-27). When I first reminded CP during weekend visitation last month, there was no mention of any commitments that could potentially interfere with my spring break visitation. Only mention of a dance competition that was the same weekend as my visitation time for February, which we rescheduled. So because of that I planned for my spring break visitation (2 weeks).

In talking with CP this morning, she was only willing to do one week of the 2 week spring break mentioning that our daughter had other plans that she was committed to and that she preferred this over visitation, not to mention another dance competition the weekend of Mar 28/29. Since I had already planned for the entire two weeks, I'm very reluctant to back down at this point and have been told by CP that she intends to honor her other commitments and not our agreed upon visitation time citing that "our daughter has made her decision". I don't buy this at all and advised CP that if she does not honor our visitation agreement that I will file for contempt (as I probably should at this point). She stopped communicating with me at that point.

While it is not my intent to stand in the way of anything my daughter wants to do (I actually encourage her when there is something she wants to try), I feel that CP does try and use this as a means to interfere with my visitation, especially when I am not made aware or even invited to these events. I love my daughter very much and try very hard to be as much a part of her life as I can, even if we do live 500+ miles apart.

So with that said, the question is Am I in the right for threatening to file for contempt? And if I do, would I potentially make the situation worse from a legal standpoint? Any legitimate advice would be greatly appreciated.
If you are entitled to the entire spring break and you show up to pick up your child and she doesn't allow the child to come, FILE for contempt. If she arrives to pick the child up early, don't turn the child over if it is your time.
 

single317dad

Senior Member
I don't buy this at all and advised CP that if she does not honor our visitation agreement that I will file for contempt (as I probably should at this point).
You can't ask the court to hold Mom in contempt until she has actually violated the court order; an "intent" doesn't cut it. The most common compensation for the first time offense is make-up time, which will be difficult to satisfy given the length of time at issue and the distance involved.

Given that information, what is it you will be asking the court to do?
 

Datman07

Member
You can't ask the court to hold Mom in contempt until she has actually violated the court order; an "intent" doesn't cut it. The most common compensation for the first time offense is make-up time, which will be difficult to satisfy given the length of time at issue and the distance involved.

Given that information, what is it you will be asking the court to do?
CP made it clear to me that she had other commitments for our daughter and had every intent to honor those commitments. I told her that if she does that instead of honoring our agreement, meaning I drive 500 miles to pick up my daughter and she does not show, I AM going to file for contempt.

Yes, I am fully aware that she would only receive a slap on the wrist (I'm not trying to have her thrown in jail or anything), but the intent is to send a message that she needs to take our parenting agreement seriously and be responsible by planning around it. Not to make plans and expect me to accommodate the plans. While I have done it as I previously mentioned "to keep the peace", I am not necessarily obligated to always accommodate whatever plans are made. Filing for contempt would also provide the court with documentation should she not learn and continue to not fully honor our agreement.

I don't believe make-up time would be difficult at all since time during summer break can be given if any spring break time is lost.
 
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tuffbrk

Senior Member
In your discussions with your daughter about her day, week, month, etc. does she not mention any of these activities? She doesn't share her dance competition schedule with you? Have you recently attended one? When the two of you were discussing activities to share while she is with you - she didn't alert you at all? Do you interact much with the coaching staff? Do they forward you information on fundraisers, competitions, etc?

I just find it odd that you're being caught flat footed. Granted, plenty of coaches make last minute decisions to enter competitions, but generally they have an idea ahead of time. I think I would better understand if your daughter was about 8.
 

I'mTheFather

Senior Member
This is all complicated by the fact that there are... how many states involved? You've stated in previous threads that the original order is from North Carolina and from Tennessee. You live in Virginia. Child lives in Illinois. You pick her up in Indiana. So confusing!

Your plan to file contempt if you don't get your visitation is fine.
 

Datman07

Member
In your discussions with your daughter about her day, week, month, etc. does she not mention any of these activities? She doesn't share her dance competition schedule with you? Have you recently attended one? When the two of you were discussing activities to share while she is with you - she didn't alert you at all? Do you interact much with the coaching staff? Do they forward you information on fundraisers, competitions, etc?

I just find it odd that you're being caught flat footed. Granted, plenty of coaches make last minute decisions to enter competitions, but generally they have an idea ahead of time. I think I would better understand if your daughter was about 8.
Completely understood, and that is part of the problem as well. CP is hell bent on keeping me on the outside looking in, meaning she does not give me an opportunity to be a part of anything in my daughter's life UNLESS it specifically falls on a weekend in which I have visitation. Unfortunately, I only get notification of it a couple of days before.

I did get a copy of my daughter's soccer schedule this year, which was a huge help in planning, but I don't expect to be notified about things unless I constantly ask about it. My daughter gets caught in the middle of this because she is made to feel like she is not to tell me or my family about anything. She will tell me about stuff she has done, but will not talk about things coming up. I've asked CP about this and she got very defensive.
 

Datman07

Member
This is all complicated by the fact that there are... how many states involved? You've stated in previous threads that the original order is from North Carolina and from Tennessee. You live in Virginia. Child lives in Illinois. You pick her up in Indiana. So confusing!

Your plan to file contempt if you don't get your visitation is fine.
I live in Virginia, the court order is in Tennessee (where CP and daughter currently reside, I have never lived there). They have lived in Indiana for a couple of years (2008-2011?), not sure where you are getting North Carolina and Illinois from??
 

I'mTheFather

Senior Member
I live in Virginia, the court order is in Tennessee (where CP and daughter currently reside, I have never lived there). They have lived in Indiana for a couple of years (2008-2011?), not sure where you are getting North Carolina and Illinois from??
From the horse's mouth, it seems.

https://forum.freeadvice.com/child-custody-visitation-37/question-jurisdiction-463403.html
What is the name of your state (only U.S. law)? North Carolina/Virginia/Illinois


My ex and I enterred a parental agreement in the state of North Carolina (her jurisdiction at the time) back in 2005. My ex has since moved to Illinois(around Jan 2007) and has been there since (living, working, etc).

My question is wondering if there is anyway I can force my ex into court in Illinois and devise an entirely new parenting plan that would be to all of our benefit (daughter included) and not just my ex as I am currently bearing much of the burden, and not being able to spend as much time with my daughter as both her (daughter) and I would like.

A second part to this question - I have noticed that although my ex has been living in another state for the past almost 2 years, she has not yet changed her license plates, leading me to believe that she is trying her best to trick the system and hold on to the very one-sided parenting agreement. What, on my part, can be done (paperwork, whatever) to show as proof that she has in fact been a resident of Illinois as opposed to North Carolina since there is definitely a possibility of running back to North Carolina if I try and serve her papers in Illinois? Any productive feedback would be greatly appreciated as this is a serious matter.What is the name of your state (only U.S. law)?
And,

She is currently married but neither are in the military. I am a resident of Virginia and currently travel to Indiana monthly to pickup my daughter for weekend visits.
 
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Datman07

Member


From the horse's mouth, it seems.

https://forum.freeadvice.com/child-custody-visitation-37/question-jurisdiction-463403.html


And,
Ok, show's how long its been since I've been on here. At the time, was trying not to give away my identity in case anyone on CP's side was trying to ID me (had issues with that in the past). But North Carolina = Virginia and Illinois at the time = Indiana.
 

Zigner

Senior Member, Non-Attorney
Ok, show's how long its been since I've been on here. At the time, was trying not to give away my identity in case anyone on CP's side was trying to ID me (had issues with that in the past). But North Carolina = Virginia and Illinois at the time = Indiana.
In other words, you totally lied. Your credibility is shot. Any information you received before is suspect since it wasn't even regarding the proper states.
 

Datman07

Member
So, all in all, it sounds like I am doing the right thing by finally putting my foot down and stop worrying about any backlash. If I get a no show in March, I will look to file contempt. Although I will have my fingers crossed CP does the right thing.
 

Silverplum

Senior Member
Ok, show's how long its been since I've been on here. At the time, was trying not to give away my identity in case anyone on CP's side was trying to ID me (had issues with that in the past). But North Carolina = Virginia and Illinois at the time = Indiana.
That was simply stupid of you to lie to us about your location. State laws vary, sometimes quite widely. If you wanted valid legal help, you have to give the CORRECT state name.

What a waste of OUR time, too. :mad:
 

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