How to file contempt for visitation orders

[CarmelMike]

California

My ex wife says our daughter is grumpy at me and doesn't want to visit with me during our ordered visitation times. Ex wife says she can not do anything, physically force the child, 12 years old, to get in the car. "If she doesn't want to go, there is nothing I can do." is what I'm being told by my ex wife.
I have missed 3 Fri-Sun visitations.

Do I file contempt for each missed visitation or do I file one time explaining details of all 3 missed visitations?

Thank you.

 

[stealth2]

What have you done to enforce your parenting time?

 

[Just Blue]

California

My ex wife says our daughter is grumpy at me and doesn't want to visit with me during our ordered visitation times. Ex wife says she can not do anything, physically force the child, 12 years old, to get in the car. "If she doesn't want to go, there is nothing I can do." is what I'm being told by my ex wife.
I have missed 3 Fri-Sun visitations.

Do I file contempt for each missed visitation or do I file one time explaining details of all 3 missed visitations?

Thank you.

Why do you think child is "grumpy" with you?

 

[CarmelMike]

What have you done to enforce your parenting time?

I have not done anything to enforce my time. There is a court order. I am attempting to enforce it by filing contempt. Do I file one time for each missed visitation?

 

[TheGeekess]

I have not done anything to enforce my time. There is a court order. I am attempting to enforce it by filing contempt. Do I file one time for each missed visitation?

Have you been accepting Mom's "No" without too much argument? Where is the exchange of the child? Have you been going to that location? If not, then you have been accepting Mom's "No" and have nothing to file.

 

[stealth2]

I have not done anything to enforce my time. There is a court order. I am attempting to enforce it by filing contempt. Do I file one time for each missed visitation?

One step at a time. How is the exchange supposed to work? Do you meet half way? Split the transport otherwise? When Mom says "kiddo is grumpy and I can't force her into the car" what do you do? Do you shrug and write the weekend off? Or do you go to try and pick her up yourself? Why is your daughter upset with you? What do y'all do on your weekends? How do you think taking Mom to court will solve the problem with your daughter?

 

[CarmelMike]

Child lives in San Francisco on a temporary move away order. Mom pays for child to fly to see me, per court order. I have driven to San Francisco only to not have child join me for the weekend.
Taking mom to court on contempt of order will show her I’m serious about my custodial time. If court fines her then so be it.
Please answer my question if you can. Thanks

 

[adjusterjack]

Do I file contempt for each missed visitation or do I file one time explaining details of all 3 missed visitations?

You file once for all the issues. You generally file in the same court as your divorce and decree took place.

I found an instruction packet for San Diego. You can use that as a guide so you can figure out the process and then look on your court's website for a similar packet.

http://www.legal-assistants-san-diego.com/upload/ORDER TO SHOW CAUSE PACKET.PDF

Or you can check the CA court self help divorce pages to see if there is something generic that applies to all courts.

http://www.courts.ca.gov/selfhelp-divorce.htm

Once your ex understands that it is SHE is the one that gets the trouble for a recalcitrant child, things might improve.

 

[Ohiogal]

YOu need to enforce. What would mom do if the child was grumpy and didn't want to go to school? As part of contempt request that mom be ordered to put the child into once a week counseling sessions that you can participate in by phone.

 

[Just Blue]

I have not done anything to enforce my time. There is a court order. I am attempting to enforce it by filing contempt. Do I file one time for each missed visitation?

Again...Why is the child "grumpy"? What was the reason given?

 

[PayrollHRGuy]

Again...Why is the child "grumpy"? What was the reason given?

It's a 12 year old girl. I never met one that wasn't grumpy a large percentage of the time. This one is likely grumpy because she has to leave her friends for the weekend.

 

[Just Blue]

It's a 12 year old girl. I never met one that wasn't grumpy a large percentage of the time. This one is likely grumpy because she has to leave her friends for the weekend.

You never met my girls.

 

[stealth2]

We really are trying to help you. At this point - you really don't have anything. How do you propose Mom gets kiddo into the car and then the plane? Have you gone to the airport to meet the flight she's to be on? Documented it w/parking or other receipts? A judge is going to expect you to be trying to enforce your time, rather than just being reactive. Driving to SF was a proactive move (well done). But..... you couldn't get your daughter in the car, either. When you were there - what reason did your child give you? Did you suggest the two of you go for dinner to talk it out? It seems kiddo is angry with you - why? Isn't it more important to get to the bottom of her anger with you than to bash your ex with the order? And don't you think that will give kiddo more reason to be angry?

I'm not saying t do nothing, but I think you're coming at the problem from the wrong direction.

If it were me? I'd file one motion, with three instances of what you believe to be contempt. But I'm not you, I'm not a lawyer, and I'm not in CA. You're free to ignore my posts.

ETA: Forgot to post!

 

[stealth2]

You never met my girls.

Or mine.

I have some theories, but who knows.

 

[HRZ]

Just as a layman ...12 year olds do not get to make up the rules ...Mom may be coaching the behavior or supporting it...who cares....do as others suggest...file for contempt ...me , I'd seek make up time as well ...and it might be smart to use counsel and seek costs as part of sanctions .