Court date is Friday--HELP

[tiffy]

What is the name of your state?VA

I have a court date Friday 9/3 to change a visitation order. If I haven't followed the order for the past month, what kind of trouble can I get in?

 

[You Are Guilty]

I believe Virginia gives you the options of stoning, caning or burning at the stake. I'm a big fan of caning, myself.

 

[tiffy]

I need real help. Not YOU

 

[brokenheart_mom]

Are you cp or ncp? Either way it's never good to not follow a court order. Judges tend to frown upon that. Is there a contempt charge? Who is wanting the visitation changed? Need more info.

 

[tiffy]

I am the cp. The ncp just got out of jail about a month ago for drug use so I didnt let her go. I originally filed to have visitation changed b/c he never got her on wednesday's like he was supposed to and he only got her on weekends that were convenient to him. he has since filed for show cause b/c i didnt let her go. help

 

[tigger22472]

What happened to the case you filed to modify visitation?

Unless you can prove the CHILD is in danger by the father having visitation then you can be held in contempt of court but likely will just get a good telling off by the judge IF this is the first offense. Is this a MODIFICATION he's filed or a CONTEMPT filing?

 

[rmet4nzkx]

I am the cp. The ncp just got out of jail about a month ago for drug use so I didnt let her go. I originally filed to have visitation changed b/c he never got her on wednesday's like he was supposed to and he only got her on weekends that were convenient to him. he has since filed for show cause b/c i didnt let her go. help

Did he advise you in advance that he was going to jail so that you knew he wouldn't be exercising his visitation? Did he advise the court, knowing there was a hearing scheduled?

 

[tigger22472]

Did he advise you in advance that he was going to jail so that you knew he wouldn't be exercising his visitation? Did he advise the court, knowing there was a hearing scheduled?

The OP can come back and clarify but I read this that she filed for visitation modification at some point... then the NCP went to jail and she's denied visitation to the NCP since he's been out.

 

[rmet4nzkx]

Right, now if he didn't advise her and the court that he was going to jail, she may have some leverage for witholding visitation since his release 1 month ago since the modification petition was filed prior to his going to jail and the petition would have been different. Just some possible arguments.

 

[tigger22472]

Right, now if he didn't advise her and the court that he was going to jail, she may have some leverage for witholding visitation since his release 1 month ago since the modification petition was filed prior to his going to jail and the petition would have been different. Just some possible arguments.

I agree but only if the modification she filed for has been heard. That's why I asked the OP what happened to her filing, however she already stated she wasn't following the court order so I would assume that means her filing hasn't or wasn't heard.

 

[rmet4nzkx]

She just went off line, she did state that:"I have a court date Friday 9/3 to change a visitation order. " So it is comming up and that since he responded to counter for visitation, there may not have been time for anything else. But if he didn't inform her and the court that he was in jail she may have some standing insofar as denying visitation, hard to say without the facts.

 

[You Are Guilty]

End result, her disobeying the order because "he just got out of jail" means she is guily of contempt. If this is her first offense, she'll likely get away with it. However, if she has any prior history of willfully disobeying a court visitation order, she'll soon have that "n" added in front of "cp". Judges don't take kindly to people taking the law into their own hands.

Now about that caning...

 

[tiffy]

Ok this is the first time I have not followed the court order. I originally wanted to change it b/c he never got her on Wednesday's like he was supposed to and I would have to just sit around and wait to see if he was coming or not b/c he never called. And then when I heard he was in jail for drug use I wanted to change the whole thing. Does anyone think the judge will change the order or just tell me to deal with it? I know he has recently got evicted from where he was living so I have no idea where she would be staying when she goes with him. HELP

 

[stealth2]

It's really impossible to say what will happen. But I wouldn't expect the judge to rule on any additional change beyond what you'd already filed for as your ex has the right to prepare a response to the other issues you raise. Has he filed against you for contempt? Most likely, the judge will simply tell you that the order is as it is, and you follow it. If you don't like it, file for another mod.

 

[tiffy]

Yes he has filed for contempt. Would I be able to call the jail he was in any get any info from them? Would his probation officer be able to give me any info?