Fair Warning: This is going to be VERY LONG.

What is the name of your state? MO

Ok, here's what I've amassed so far. I have NO information regarding dental appointments, so will need to get records from the dentist so that I can add those appointments (of which I've never been made aware, and which include an extraction) to this. I also need a few other specific dates.

What I need from y'all is to let me know whether or not I'm putting this together properly. I'm not hiring an attorney, and I need to make sure this is right. So... too much? Not enough? Should I arrange the info differently? Should it be chronological instead of situational? Etc.

Thanks.

PETITION FOR FINDING OF CONTEMPT OF COURT
Comes now Respondent, **** *******, and alleges and states the following:
1. This Court entered a Decree of Dissolution of Marriage in this case on January 26, 2004.
2. This Court entered a Modification of Child Custody on March 27, 2006.
a. Order was amended July 21, 2006.
b. The modification is currently under appeal.
3. Respondent, is a resident of Platte County, Missouri. Her residence address is XX.
4. Petitioner is a resident of Platte County, Missouri. His residence address is XX.
5. Petitioner filed for and received a restraining order against Respondent on October 10, 2006.
a. Case # XX
6. Petitioner’s wife filed for and received a restraining order against Respondent on October 10, 2006.
a. Case # XX
7. This Court has previously instructed Petitioner that no one other than a parent should be scheduling or taking the children to doctor’s appointments.
8. Petitioner has willfully and consistently disregarded the provisions set forth in the Parenting Plan entered on March 27, and amended on July 21, 2006, as well as other instructions of the court.
a. Petitioner has repeatedly impeded communication between Respondent and the children during his custodial periods:
i. On August 23, 2006 Petitioner informed Respondent that she should not call his wife’s phone, and should only speak to the children when he’s in attendance and the volume on the phone is high enough that Respondent’s portion of the conversation can be overheard.
ii. On September 20, 2006 Petitioner has informed Respondent that she is only allowed to call him after 5pm and only in an emergency.
iii. On September 20, 2006 Petitioner requested that all non-emergency communication be in writing. Due to the Restraining Order, Respondent cannot call Petitioner’s wife, seriously restricting communication with the children as she is their main care provider when the children are in Petitioner’s custody.
iv. Petitioner often neglects to return phone calls about or to the children. This has resulted in Respondent attempting to communicate with him only in writing.
v. Respondent has provided ******* (oldest child) with a cell phone in order to facilitate communication. Petitioner has repeatedly threatened to take it away from her while she is in his custody.
vi. Petitioner has indicated that he considers written communication harassment of him and ‘his’ family.
b. Petitioner has continually refused to communicate/confer regarding decisions affecting the children per the joint custody order:
i. About 04/2006, Petitioner expressed a desire to begin using PCN as the children’s primary care physician, rather than PM, as that is where his youngest child goes to the doctor.
1. Respondent did not agree to the change.
ii. On 04/02/2007 Petitioner indicated in writing that he wished to change pediatricians.
1. In a written response on 04/11/2007, Respondent voiced her opposition to this change.
iii. On 04/19/2007 Petitioner verbally discussed changing pediatricians with Respondent.
1. Respondent again voiced her opposition to this proposal.
2. Petitioner indicated that he considered this a ‘failure at resolution’ and that he would continue using the ‘new’ pediatrician at his discretion.
c. Petitioner has repeatedly scheduled doctor’s appointments without informing Respondent prior to the appointment, and oftentimes withholding information about the appointment afterward as well.
i. On *INSERT DATE* Petitioner scheduled an appointment for **** at PCN.
1. Petitioner did not inform Respondent prior to this appointment, nor after it. Petitioner heard about appointment from child.
2. Petitioner’s wife took **** to this appointment.
3. Respondent was not made aware of the impetus for the appointment.
ii. On or about September 15, 2006, Petitioner did not inform Respondent prior to a medical appointment for **** at Children’s Mercy Hospital.
1. In an email dated September 20, 2006 Respondent asked Petitioner to explain the purpose of the appointment, as well as any diagnosis.
2. On September 26, 2006 Respondent again questioned Petitioner about this appointment.
3. To date, Petitioner has not informed Respondent of any findings at this appointment, nor of the specific reasons behind the appointment.
4. Petitioner’s wife took **** to this appointment.
iii. On or about March 15, 2007 Petitioner scheduled an appointment for ******* at PCN.
1. Petitioner did not inform Respondent prior to this appointment.
2. Petitioner’s wife took ******* to this appointment.
3. Child was prescribed an antibiotic she has previously experienced allergic reactions to, as well as a steroidal allergy medication that was unnecessary as she already takes a similar medication.
4. Physician was given incorrect and incomplete medical history of child by Petitioner’s wife.
d. On May 13, 2006, Petitioner gave notice of his period of uninterrupted time with the children. In that letter, Petitioner indicated that he would ‘work with’ Respondent re: her time with the children as she had failed to notify him of dates prior to May 1. Subsequently, Petitioner refused to allow Respondent her uninterrupted summer visitation with the children unless she would sign an affidavit ‘releasing’ him from the following 4 months of child support in lieu of payment of judgment entered against Respondent on 03/27/2006.
i. Respondent refused to sign affidavit and was not allowed to exercise her summer vacation period.
e. Petitioner is ordered to provide Respondent with insurance cards.
i. On 02/11/2007 Respondent requested, via phone call, that Petitioner provide her with new insurance cards after encountering difficulty filling a prescription for ****. Petitioner did not do so.
ii. On 02/13/2007 Respondent requested, in writing, that Petitioner provide her with new insurance cards. Petitioner did not do so.
iii. On or about 03/19/2007, Respondent requested cards from HR at Petitioner’s employer.
1. Respondent has received dental and prescription cards, but not insurance cards.
f. Petitioner is ordered to provide copies of school communications received on his time to Respondent, particularly if they contain information that will impact Respondent’s custodial periods.
i. School progress reports are almost always sent home on Wednesdays. This is always Petitioner’s Day. The following dates reflect dates of progress reports. None of them were forwarded to Respondent per the order:
1. September 20, 2006.
2. November 15, 2006.
3. February 7, 2007.
4. April 13, 2007.
ii. On 03/30/2007 and 04/05/2007 Petitioner received notification from the school, but did not inform respondent, that the dates for Spring Break were altered in order to make up snow days.
g. In October 2006, Petitioner expressed a desire to take the children to counseling. Petitioner was specifically instructed by this Court that if the children were involved in counseling, Respondent needed to be included from the outset.
i. On 04/02/2007, Petitioner sent Respondent a letter which simply listed ‘counseling if you wish to be involved’ as a discussion point.
ii. On 4/11/2007 Respondent informed Petitioner in writing that she would very much like to be involved in any counseling, and that an impartial 3rd party might be just the thing the kids needed.
iii. On 4/19/2007, Petitioner informed Respondent that he’d been taking the children to a counselor for ‘awhile’ and had been under no obligation to inform Respondent because he considered it a ‘routine and minor decision’ since it’s ‘not brain surgery’.
iv. Respondent has spoken with counselor and counselor has indicated that she is not seeing the children in a ‘clinical setting’, but has, in fact ‘visited with’ them on several occasions.

WHEREFORE, it is in good faith and with full contemplation of the best interests of the children in mind that Respondent prays the Court find Petitioner in Contempt and impose sanctions, at the court’s discretion, up to and including a change in physical custody to remove midweek overnights, and therefore the issue with medical appointments and school communications, from Petitioner.

You are leaving out the fact that he refuses to allow the child to take her allergy medicine at his home. I think that needs to be included.

you can take out the part about it being under appeal since that has been decided

LdiJ said:

You are leaving out the fact that he refuses to allow the child to take her allergy medicine at his home. I think that needs to be included.

Click to expand...

I agree...and how switching Dr's resulted in one of your children being given medication they have a history of having an adverse reaction to.

One trivial suggestion......change title to "Motion for Finding of Contempt". As a newbie to your circumstances, I was confused since the author of a petition is usually defined as the "Petitioner". In this case, you are defined as the Respondent.

Accountable said:

One trivial suggestion......change title to "Motion for Finding of Contempt". As a newbie to your circumstances, I was confused since the author of a petition is usually defined as the "Petitioner". In this case, you are defined as the Respondent.

Click to expand...

That's because I was the respondent in the divorce... it'll stay the same forevah.

I've modified it today...

I received dental records... just called and said "This is Wild and Unruly's mom. Please fax me a record of all of their appointments so far."

It came addressed to "Mom" and in parentheses... SMom's name.

Stopped at the pediatrician that stupidhead is insisting on... the appointment record lists 'Mom' as the person bringing in the child, clearly in SMom's handwriting... and the doctor has scratched through it and written step-mom.

Also in the record... 3 days after the restraining order hearing in October of '06, he took Unruly to the children's hospital. There is a letter in the pediatrician's record from the hospital to the physician she'd seen previously. Several things...

1. In the letter it states that she'd been seen by urgent care. I had no knowledge of this.
2. It states that there is no family history of urinary tract infections and the child has never had one.
a. I have a LONG history of bladder and kidney infections, including during the duration of our marriage.
b. Child has been to the ER twice - during the marriage - for UTIs.
3. It states that 'father believes child has been sexually abused by mother's new BF'.
a. I didn't HAVE a 'new BF' at the time... in fact, I'd testified that I hadn't had a BF since the trial in March of '06.
b. We'd been in court literally DAYS prior to this allegation and it wasn't mentioned AT ALL.
c. There was never a call placed to CPS or anyone else. No follow up at all. Zip.

Advice?
I guess what I want to know whether I should be filing a mod or the contempt.

CJane said:

That's because I was the respondent in the divorce... it'll stay the same forevah.

I've modified it today...

I received dental records... just called and said "This is Wild and Unruly's mom. Please fax me a record of all of their appointments so far."

It came addressed to "Mom" and in parentheses... SMom's name.

Stopped at the pediatrician that stupidhead is insisting on... the appointment record lists 'Mom' as the person bringing in the child, clearly in SMom's handwriting... and the doctor has scratched through it and written step-mom.

Also in the record... 3 days after the restraining order hearing in October of '06, he took Unruly to the children's hospital. There is a letter in the pediatrician's record from the hospital to the physician she'd seen previously. Several things...

1. In the letter it states that she'd been seen by urgent care. I had no knowledge of this.
2. It states that there is no family history of urinary tract infections and the child has never had one.
a. I have a LONG history of bladder and kidney infections, including during the duration of our marriage.
b. Child has been to the ER twice - during the marriage - for UTIs.
3. It states that 'father believes child has been sexually abused by mother's new BF'.
a. I didn't HAVE a 'new BF' at the time.
b. We'd been in court literally DAYS prior to this allegation and it wasn't mentioned AT ALL.
c. There was never a call placed to CPS or anyone else. No follow up at all. Zip.

Advice?

Click to expand...

Oh hell....this one needs to be seriously emphasized. Obviously the ER didn't buy it or they would have called CPS...and if it was the same ER for the child's previous UTSs that is probably why....however this is BLATANT.

Hon, I think that you need to rewrite the whole thing emphasizing the medical issues. In fact, I think that you maybe need to make it a petition for you to have sole decision making rights regarding medical issues, and make the rest of the contempt secondary.

However if you go that route you have to be more explanatory and specific in the petition.

CJane said:

That's because I was the respondent in the divorce... it'll stay the same forevah.

I've modified it today...

I received dental records... just called and said "This is Wild and Unruly's mom. Please fax me a record of all of their appointments so far."

It came addressed to "Mom" and in parentheses... SMom's name.

Stopped at the pediatrician that stupidhead is insisting on... the appointment record lists 'Mom' as the person bringing in the child, clearly in SMom's handwriting... and the doctor has scratched through it and written step-mom.

Also in the record... 3 days after the restraining order hearing in October of '06, he took Unruly to the children's hospital. There is a letter in the pediatrician's record from the hospital to the physician she'd seen previously. Several things...

1. In the letter it states that she'd been seen by urgent care. I had no knowledge of this.
2. It states that there is no family history of urinary tract infections and the child has never had one.
a. I have a LONG history of bladder and kidney infections, including during the duration of our marriage.
b. Child has been to the ER twice - during the marriage - for UTIs.
3. It states that 'father believes child has been sexually abused by mother's new BF'.
a. I didn't HAVE a 'new BF' at the time.
b. We'd been in court literally DAYS prior to this allegation and it wasn't mentioned AT ALL.
c. There was never a call placed to CPS or anyone else. No follow up at all. Zip.

Advice?

Click to expand...

Yes, save all those records & envelopes for your Contempt filing.

And, it would be worth finding out if your state pursues false reporting of abuse/neglect. What I DO NOT understand is why CPS was NOT notified per the Dr. being a mandated reporter. And Yes, him not mentioning it and not notifying authorities speaks VOLUMES about the allegation.

casa said:

Yes, save all those records & envelopes for your Contempt filing.

And, it would be worth finding out if your state pursues false reporting of abuse/neglect. What I DO NOT understand is why CPS was NOT notified per the Dr. being a mandated reporter. And Yes, him not mentioning it and not notifying authorities speaks VOLUMES about the allegation.

Click to expand...

Yeah, I'm not getting the mandated reporter thing either. I'm actually a little pissed about not being investigated, because with that allegation, I SHOULD HAVE BEEN.

I'll check into the false reporting angle tomorrow.

Should I be filing to modify custody instead of the contempt? Should i be filing to request a change in physical placement? This (to me) is getting more serious as I dig into it, yes?

Ok, am I understanding correctly that I should include all the details of the individual instances of contempt?

For instance - I've compiled all of the cases of medical contempt. One, reads as follows:


October 13, 2006
Child seen by Drs A and T at Children’s Mercy.
*Mother not informed of this appointment.

Father stated that parents had been divorced 'about a year':
By Oct 2006, we’d been divorced almost 3 years – he’d been remarried ‘about a year’.

Father stated that 'problems' (wetting her pants) had been ongoing for the past year – having an ‘accident’ about 4-5 times per month.
Mother was NEVER informed about ANY ‘accidents’
Child has had, to date, no ‘accidents’ at mother’s house

Father stated there is no history of UTI, either among child's family or child herself.
Mother has very strong history of UTI, including visits to ER while married.
Child has been to ER for UTIs during marriage

Father stated that child lives with Father and Stepmother
Child actually spends more time in Mother’s house than Father’s.

Father states Child started having problems ‘soon after divorce’
Seems to be a rather large ongoing problem to have continued for nearly 3 years w/out mother being informed or noticing.

Father states that child may be being sexually abused by mother’s new boyfriend
Mother did not have a BF in October 2006, and in fact hadn’t had a boyfriend since breaking up with her son’s father in December 2005.

Father and Step-mother met with a social worker, to ‘discuss options for follow-up’ re: abuse allegations
To mother’s knowledge, father never followed up w/social worker or Family Services
No investigation ever took place
Father did not mention this concern at restraining order hearing 3 days prior, though he did bring up counseling issues and concerns that the children were wearing shoes that didn’t fit properly.
This concern was also not mentioned to GAL or at trial 5 months prior

Father states they’d been referred to CMH by urgent care clinic in Northland
Mother can find no record of such visit
Mother never informed of urgent care visit

Father states that Child has ‘questionable allergy’ to penicillin.
Child (this is the younger one, not the one that actually HAS the allergy)has never been prescribed penicillin. Mother has simply indicated she wishes child not to take it due to strong family history of allergies to this medication (older sister, mother, maternal grandmother, maternal great-grandmother, etc)

Do I include all of that in the filing (it's up to 15 pages so far) or no? I'm concerned about putting so much information in the filing that the judge doesn't read it.

Help?

Also, do I address the fact that he recorded our April 19 conversation? He informed me that he was recording it, and I didn't hang up. We were both on cell phones. I was in MO when call initiated, KS during part of the call, and MO when it concluded.

CJane said:

Ok, am I understanding correctly that I should include all the details of the individual instances of contempt?

For instance - I've compiled all of the cases of medical contempt. One, reads as follows:


October 13, 2006
Child seen by Drs A and T at Children’s Mercy.
*Mother not informed of this appointment.

Father stated that parents had been divorced 'about a year':
By Oct 2006, we’d been divorced almost 3 years – he’d been remarried ‘about a year’.

Father stated that 'problems' (wetting her pants) had been ongoing for the past year – having an ‘accident’ about 4-5 times per month.
Mother was NEVER informed about ANY ‘accidents’
Child has had, to date, no ‘accidents’ at mother’s house

Father stated there is no history of UTI, either among child's family or child herself.
Mother has very strong history of UTI, including visits to ER while married.
Child has been to ER for UTIs during marriage

Father stated that child lives with Father and Stepmother
Child actually spends more time in Mother’s house than Father’s.

Father states Child started having problems ‘soon after divorce’
Seems to be a rather large ongoing problem to have continued for nearly 3 years w/out mother being informed or noticing.

Father states that child may be being sexually abused by mother’s new boyfriend
Mother did not have a BF in October 2006, and in fact hadn’t had a boyfriend since breaking up with her son’s father in December 2005.

Father and Step-mother met with a social worker, to ‘discuss options for follow-up’ re: abuse allegations
To mother’s knowledge, father never followed up w/social worker or Family Services
No investigation ever took place
Father did not mention this concern at restraining order hearing 3 days prior, though he did bring up counseling issues and concerns that the children were wearing shoes that didn’t fit properly.
This concern was also not mentioned to GAL or at trial 5 months prior

Father states they’d been referred to CMH by urgent care clinic in Northland
Mother can find no record of such visit
Mother never informed of urgent care visit

Father states that Child has ‘questionable allergy’ to penicillin.
Child has never been prescribed penicillin. Mother has simply indicated she wishes child not to take it due to strong family history of allergies to this medication (sister, mother, maternal grandmother, maternal great-grandmother, etc)

Do I include all of that in the filing (it's up to 15 pages so far) or no? I'm concerned about putting so much information in the filing that the judge doesn't read it.

Help?

Click to expand...

OK, break it down into sections. Outline it. Put MOST pressing/urgent issues in bold/outline and then underylying issues beneath. So you can the major point, then see the subsequent (but less urgent) points. That way it can be viewed in pieces and relevant topics...and not just seem like 3 pages of dialogue.

Don't pursue a change in custody right now...cement the Contempt. You are already establishing a pattern...continue to do so. When the next thing occurs (& You know he can't resist~ it WILL occur ) He's driving himself down the road to being NCP.

casa said:

OK, break it down into sections. Outline it. Put MOST pressing/urgent issues in bold/outline and then underylying issues beneath. So you can the major point, then see the subsequent (but less urgent) points. That way it can be viewed in pieces and relevant topics...and not just seem like 3 pages of dialogue.

Click to expand...

I have it in outline form in Word. It's just really difficult to do it that way on here.

So I SHOULD be including 'everything'? Man... it's a LOT. 15 pages so far, and I haven't addressed the educational issues. AND... it's only been 10 months since the amended order was filed!

I'm already tired.

Also, I edited while you were posting. Can you address the issues I added at the end?

casa said:

Don't pursue a change in custody right now...cement the Contempt. You are already establishing a pattern...continue to do so. When the next thing occurs (& You know he can't resist~ it WILL occur ) He's driving himself down the road to being NCP.

Click to expand...

I have no desire to seek a change in custody right now.

I've worded my 'prayer to the court' as follows:

WHEREFORE, it is in good faith and with full contemplation of the best interests of the children in mind that Respondent prays the Court find Petitioner in Contempt and impose sanctions, at the court’s discretion, up to and including a change in physical custody to remove midweek overnights, and therefore the issue with medical appointments and school communications, from Petitioner.

I WOULD like to ask that he be ordered to make no medical decisions, but I don't know that that is an option.

CJane said:

I have it in outline form in Word. It's just really difficult to do it that way on here.

So I SHOULD be including 'everything'? Man... it's a LOT. 15 pages so far, and I haven't addressed the educational issues. AND... it's only been 10 months since the amended order was filed!

I'm already tired.

Also, I edited while you were posting. Can you address the issues I added at the end?

Click to expand...

Attachments to include the page(s) which the order dictates Joint Legal Custody. Highlight those portions for the court's copy.

Outline form (Roman Numerals, Numberic & Alphabetic, Bullets, etc.) Your outline should list instances of refusal to co-parent or direct contempt of the Joint Legal Custody Order. ie; DENTAL: List all dental appts & dates. file attached exhibits of that paperwork, etc. the usual. Next: MEDICAL: the switching of Peds. Next: PSYCHOLOGICAL: A therapist you were never notified of & any correspondence you've had with said therapist. etc.

CJane said:

I have no desire to seek a change in custody right now.

I've worded my 'prayer to the court' as follows:

WHEREFORE, it is in good faith and with full contemplation of the best interests of the children in mind that Respondent prays the Court find Petitioner in Contempt and impose sanctions, at the court’s discretion, up to and including a change in physical custody to remove midweek overnights, and therefore the issue with medical appointments and school communications, from Petitioner.

I WOULD like to ask that he be ordered to make no medical decisions, but I don't know that that is an option.

Click to expand...

IMO? Remove bolded verbiage. Rather, the ending would read something along the lines of..."...<snip>..sanctions, at the court's discrtion, therefore resolving the issues with joint legal decision making & notification with the Petitioner."

Leave out, entirely the change in physical custody- it's contradictory, your opening line says you have no desire for a change in physical custody.