BubblyBrunette
Member
What is the name of your state (only U.S. law)? CA
My Ex-husband has primary physical custody of our 17 yr. old son. He was awarded this when my son was 14 and the ex moved out of state. My son wanted to try living with his dad and therefore I let him but we had a stipulation that it was on a six month trial basis. At the end of that six months my son wanted to come back to CA. Everyone agreed, my ex, son & therapist as well as myself. I enrolled him in high school (freshman year) and he attended for about a month when my ex changed his mind and wanted him back in Oct. My son didn't want to go and I filed for a OSC and got a court date in Nov. Then due to several delays throughout including me having to get him a GAL we didn't end up going to court until May of that year and the judge said that she wasn't going to do anything as it was too close to the end of the school year but I was welcome to re-file anytime. After paying atty. fees for not only myself but also the GAL because I make more than my ex I let it go.
My son and his father have over the past three years had many problems. My son has ran away a few times. Threatened suicide. He sees a psychiatrist as he has Aspergers/ADD as well as a therapist and has been since he was 9 yrs. old. I've received several e-mails over the years from my ex telling me he was sending our son back to live with me only to change his mind a couple hours or days later.
Most recently on Jan. 14th my son called very distraught begging me to put him on a plane to get him out of there. I told him that he knows I can't just do that as I don't have physical custody. He told me that his dad was sending me an e-mail. I got a one liner that said if our son wanted to live with me and treat with his therapist down here that was fine with him. I confirmed that if I made arrangements to get him that he wasn't going to change his mind and it would be a done deal and he agreed. That was all that was said in those e-mails. I drove to the other state and picked him up with no issues. My ex just text me asking if I'd have our son call him when we got to my house which I did. I enrolled him in school and he's in his last semester of his Sr. year. Just started on 1/31/11.
I have filed for a OSC regarding the child support as my wages are being garnished and I figured it will take time for that to stop so I have a date set for 5/3/11. My attorney at the time didn't think I needed to do anything about the primary custody issue since my son will be 18 in May anyway. He's withdrawn as my attorney and I filed the OSC myself and copied all parties.
My son's been having trouble adjusting and making new friends. He's been seeing his therapist here regularly to help him deal with his emotional issues. Now my ex is threatening me with Contempt if I don't put him on a plane tomorrow at 4:30 p.m. for visitation over the President's day weekend (he get's out of school at 3:00 and airport is at least a 2 hr. drive in heavy traffic) for a visit with him that he'll file contempt charges against me. I explained to him that I can't take him out of school early because where he was going to school in their state they didn't have the same PE requirements as they do here in CA and so in order to graduate he has to take a 0 period PE and also is in track for his last period as he was deficient in PE credits. He was ditching 0 period the fist several days after starting and lying to me but now that we (the vice principal & his PE teacher) have gotten to the bottom of it they told him that he can start fresh as of yesterday but he cannot miss anymore whatsoever if he want's to graduate. He's also serving detention after school for missing those first 5 classes.
I've advised my ex that I'm not going to put him on that plane and that there is no reason he couldn't have made a different flight for Friday even since he's out of school. I should also add that my son doesn't really want to visit as he fears that it'll be more of the same that he was dealing with when he was there that made him want to leave. My ex told me that he doesn't care and will start Contempt proceedings. I believe he'll do it because in the past he didn't send him on two occasions for my visit because he thought the flight was too early on a Sat. and I filed Contempt after not having seen my son in three months. The judge told him that he would be going to jail for five days if we didn't come to an agreement so I dismissed the charges with prejudice and he had to agree that I would no longer receive e-mails or any communication from his wife. Also when I sent an itinerary for my visitation that they would accept it as long as I gave them 30 days notice which I was already doing. After that I didn't have any further visitation issues with him. In fact I had already paid for both February's and Marches airfares for my son to come visit me prior to him coming back to live with me.
My question is does anyone think this would be considered contempt?
Sorry for the long post but am trying to give as much background info as possible.
My Ex-husband has primary physical custody of our 17 yr. old son. He was awarded this when my son was 14 and the ex moved out of state. My son wanted to try living with his dad and therefore I let him but we had a stipulation that it was on a six month trial basis. At the end of that six months my son wanted to come back to CA. Everyone agreed, my ex, son & therapist as well as myself. I enrolled him in high school (freshman year) and he attended for about a month when my ex changed his mind and wanted him back in Oct. My son didn't want to go and I filed for a OSC and got a court date in Nov. Then due to several delays throughout including me having to get him a GAL we didn't end up going to court until May of that year and the judge said that she wasn't going to do anything as it was too close to the end of the school year but I was welcome to re-file anytime. After paying atty. fees for not only myself but also the GAL because I make more than my ex I let it go.
My son and his father have over the past three years had many problems. My son has ran away a few times. Threatened suicide. He sees a psychiatrist as he has Aspergers/ADD as well as a therapist and has been since he was 9 yrs. old. I've received several e-mails over the years from my ex telling me he was sending our son back to live with me only to change his mind a couple hours or days later.
Most recently on Jan. 14th my son called very distraught begging me to put him on a plane to get him out of there. I told him that he knows I can't just do that as I don't have physical custody. He told me that his dad was sending me an e-mail. I got a one liner that said if our son wanted to live with me and treat with his therapist down here that was fine with him. I confirmed that if I made arrangements to get him that he wasn't going to change his mind and it would be a done deal and he agreed. That was all that was said in those e-mails. I drove to the other state and picked him up with no issues. My ex just text me asking if I'd have our son call him when we got to my house which I did. I enrolled him in school and he's in his last semester of his Sr. year. Just started on 1/31/11.
I have filed for a OSC regarding the child support as my wages are being garnished and I figured it will take time for that to stop so I have a date set for 5/3/11. My attorney at the time didn't think I needed to do anything about the primary custody issue since my son will be 18 in May anyway. He's withdrawn as my attorney and I filed the OSC myself and copied all parties.
My son's been having trouble adjusting and making new friends. He's been seeing his therapist here regularly to help him deal with his emotional issues. Now my ex is threatening me with Contempt if I don't put him on a plane tomorrow at 4:30 p.m. for visitation over the President's day weekend (he get's out of school at 3:00 and airport is at least a 2 hr. drive in heavy traffic) for a visit with him that he'll file contempt charges against me. I explained to him that I can't take him out of school early because where he was going to school in their state they didn't have the same PE requirements as they do here in CA and so in order to graduate he has to take a 0 period PE and also is in track for his last period as he was deficient in PE credits. He was ditching 0 period the fist several days after starting and lying to me but now that we (the vice principal & his PE teacher) have gotten to the bottom of it they told him that he can start fresh as of yesterday but he cannot miss anymore whatsoever if he want's to graduate. He's also serving detention after school for missing those first 5 classes.
I've advised my ex that I'm not going to put him on that plane and that there is no reason he couldn't have made a different flight for Friday even since he's out of school. I should also add that my son doesn't really want to visit as he fears that it'll be more of the same that he was dealing with when he was there that made him want to leave. My ex told me that he doesn't care and will start Contempt proceedings. I believe he'll do it because in the past he didn't send him on two occasions for my visit because he thought the flight was too early on a Sat. and I filed Contempt after not having seen my son in three months. The judge told him that he would be going to jail for five days if we didn't come to an agreement so I dismissed the charges with prejudice and he had to agree that I would no longer receive e-mails or any communication from his wife. Also when I sent an itinerary for my visitation that they would accept it as long as I gave them 30 days notice which I was already doing. After that I didn't have any further visitation issues with him. In fact I had already paid for both February's and Marches airfares for my son to come visit me prior to him coming back to live with me.
My question is does anyone think this would be considered contempt?
Sorry for the long post but am trying to give as much background info as possible.
