Contempt of Court Order??

[olikolik]

What is the name of your state?Ohio


Not sure where to start, here is the situation. I have visitation with my daughter thursday afternoon until sunday afternoon. I have four weeks of vacation to use during the summer. I notified the mother of my child well in advance that we would be keeping our child for a vacation week, the second week of August. Today I get a phone call asking when she can pick our daughter up. She said I have had her since last Thursday, so today makes a week, my vacation is up and she has made plans. I told her that is not how it works, and we argued the point for a while. Finally I told her to come and pick her up today, I give up. She responded with more arguing, and I asked her when she wanted to get her. I asked when her plans were. I was told Sunday. I asked if we could work something out, she said she wanted to pick her up on Sunday morning. I said fine. We ended the conversation.

Now I just get a phone call from her asking my address. When I ask why she informs me she is going to take me to court for contempt of my court order. That she is sick of me being mean and making her feel bad.

My question is should I be worried? When a court order grants you a vacation week, does it mean you get a week plus your regular days? Also how could I be in contempt of anything if I offered to let her pick her up today?

Thanks for your help ahead of time. If you need any more specifics just ask.

 

[stealth2]

It's impossible to even guess without knowing exactly what your order says.

 

[olikolik]

Okay, here is what my order says about vacation, directly from the court order:

3. It is ordered that the defendant shall have the minor child for a period of four (4) weeks each summer, which shall be excercised in two (2) , non-consecutive, two week increments.


Thats exactly what it says, is this what you were asking for?

 

[kidoday]

A week consists of 7 days. It doesn't mean that you have to use your normal visitation days as vacation days. If it were me I would tell your ex fine if you want to use my normal visitation days as part of my week (7) days, then I will start scheduling my week (7) days starting on Thursday of your week and week keep our child through the following Sunday evening. That way there will be no confusion

 

[stealth2]

Is there any verbiage thath states whether or not regular visitation occurs on top of the vacation weeks?

 

[olikolik]

I notified her during the first week of July that I would be keeping my daughter for vacation the second week of August. I guess I did not state exact dates, I assumed that it would run Sunday to Sunday.

My normal days run from Thursday at 3pm, until Sunday at 3 pm. What I did was pick her up on Thursday August 5 at my normal time, and planned on keeping her until Sunday August 14. This was because I was thinking that my normal days do not count as vacation. Therefore Thursday through Sunday were not counted towards my seven days.

What I wrote before is exactly what is on my court order, word for word, and there is no other mention of it. I guess I wish they had made it clearer.

My main point is that I did offer to allow her to pick the child up today, August 12, which would be the 7th day. She decided not to, as long as she could pick her up Sunday earlier. It was only later that she called and informed me she would be filing for contempt of court. I told her if she felt I was doing wrong, she should contact the police. She hung up.

Since I offered, and she denied the offer, how could I be in contempt?

 

[BL]

You state your order specifies (4) wks in (2) two week increments.

If your regular visitation days fall within those (2) wks of visits, so be it. You don't get a make up of the number of days of the week you would have normally had visits. They fall in the (2) wks. of summer visits.

Apparently you notified the Mother you were going to utilize only (1) wk. out of one of the (2) wks you were granted.

If you would have taken the 2 wks starting on a SUN. Eve. you would have been entitled to the Thurs. to Sun. visit too. You would have just Incorporated them into the 2nd wk.

So I don't see the Problem here , unless your Order specifically addresses the Reg. visitation schedule with the summer Schedule .

 

[kidoday]

If your regular visitation days fall within those (2) wks of visits, so be it. You don't get a make up of the number of days of the week you would have normally had visits. The fall in the (2) wks. of summer visits.

That is why I suggested he not schedule his summer vacation to incorporate his normal visitation times.

 

[olikolik]

The order state that the 2 weeks cannot be consecutive. This makes no sense though does it? How can you excercise a 2 week vacation without it being consecutive??? Oh well, thats a problem for later.

I am baffled by this, I guess she can try to take me to court, but its not looking like she has a real strong case is it?

 

[LdiJ]

I notified her during the first week of July that I would be keeping my daughter for vacation the second week of August. I guess I did not state exact dates, I assumed that it would run Sunday to Sunday.

My normal days run from Thursday at 3pm, until Sunday at 3 pm. What I did was pick her up on Thursday August 5 at my normal time, and planned on keeping her until Sunday August 14. This was because I was thinking that my normal days do not count as vacation. Therefore Thursday through Sunday were not counted towards my seven days.

What I wrote before is exactly what is on my court order, word for word, and there is no other mention of it. I guess I wish they had made it clearer.

My main point is that I did offer to allow her to pick the child up today, August 12, which would be the 7th day. She decided not to, as long as she could pick her up Sunday earlier. It was only later that she called and informed me she would be filing for contempt of court. I told her if she felt I was doing wrong, she should contact the police. She hung up.

Since I offered, and she denied the offer, how could I be in contempt?

Just something for you to consider...the general rule of thumb is that if the one parent gets 4 non-interrupted weeks during the summer, then the other parent gets the same time. Has the mom in this case recieved 4 weeks without interruption? Also, a week is a week...if an order specifies two week blocks, then the intent is that the parent will have the child for a maximum of 14 days. If you take them 1 week at a time then its 7 days. Summer visitation normally also "pre-empts" regular visitation.

Therefore, its questionable who is right or who is wrong in this situation. I think that your problem is an unclear order.

My recommendation would be that you sit down with the mother and try to agree on how you are going to handle summers in the future Each of you should get two, two week blocks or four, one week blocks, and regular visitation applies otherwise. If you can agree on that between the two of you then neither one of you will need to take it to court.

If you can't agree, then you should probably go back to court and get the schedule clarified.

 

[kidoday]

The two non-consecutive two week increments means you can have the child for two weeks at a time, but not back to back.

I think you should let her file for contempt. The order is very unclear and is up for interpretation. I think a more detail order would be best for everyone.

 

[BL]

3. It is ordered that the defendant shall have the minor child for a period of four (4) weeks each summer, which shall be exercised in two (2) , non-consecutive, two week increments. [ quote ]

I think you are reading this wrong.

What this means is you can't take (2) weeks ( say Aug.1st until Aug. 15th, then take Aug. 15th until Aug. 29th. " consecutive"

You would at least to be reasonable give them (2) week visits 1 or two weeks separation . " non Consecutive " . Summers have a least 6 weeks .

From now on figure out how to use your two (2) week visitations schedule. You cut yourself short. Don't expect to make it up now this yr.