Does any dates matter after the date of filing for contempt of visitation?

[truebluemd]

What is the name of your state (only U.S. law)? md

in a contempt trial for visitation, does the judge allow any events after the date of filing to be heard? I always thought this but I am asking to be sure because the NCP moved to another state a couple weeks after filing and has not seen ds since that time. NCP also missed scheduled pickups for thanksgiving and christmas 2010 and I had witnesses for both. I was prepared to discuss this in court in addtion to the contempt (no specific dates were listed in the contempt), however I won't bring it up if the judge is only interested in dates prior to the date of filing but after the last hearing that was in 2009. Thank you in advance

 

[mistoffolees]

You're not clear - or you don't understand the rules.

NCP doesn't HAVE to visit with the child. You can not file for contempt because NCP doesn't visit.

What are you trying to accomplish?

 

[stealth2]

Yeah, I didn't understand who was filing contempt for what...

 

[truebluemd]

Sorry, I thought I wrote in the original post that the NCP filed. it was for contempt of visitation. NCP is saying I denied visitation, which of course is untrue

 

[mistoffolees]

Sorry, I thought I wrote in the original post that the NCP filed. it was for contempt of visitation. NCP is saying I denied visitation, which of course is untrue

Then NCP will have to prove it to the judge. Bring in your witnesses.

However, to answer your question, the judge can certainly consider things that happen after the date of filing.

 

[truebluemd]

thanks. I will be prepared if it comes up. IMO, he could only be complaining about missing a few 2-hour visits and a snow weekend (which he got some a make up time for). If it comes up, I plan to show the judge how often he voluntarily missed visits prior to the filing date, as well as after the filing date (all of the scheduled visits in the past six months were missed)

 

[mistoffolees]

thanks. I will be prepared if it comes up. IMO, he could only be complaining about missing a few 2-hour visits and a snow weekend (which he got some a make up time for). If it comes up, I plan to show the judge how often he voluntarily missed visits prior to the filing date, as well as after the filing date (all of the scheduled visits in the past six months were missed)

You're missing the point. The number of dates that he voluntarily misses is irrelevant. He could miss every single visitation until one day he chooses to exercise his visitation. If you refuse, you are in contempt - even if he missed 100 times before.

If you refused him visitation even a single time, then you could be found guilty of contempt. So do not refuse visitation (other than an IMMEDIATE, PROVABLE safety issue).

 

[truebluemd]

Im not missing the point. I understand that part very clearly. I still have to list the dates of the no show, because I am certain what he will try to do is claim I denied him visitation on days he did not show for pickup. Its very important for me to point that out.this is what happened last trial. So thats why I was asking if it should also include dtaes after the filing.

 

[TinkerBelleLuvr]

Include all dates to prove your point.

 

[truebluemd]

Include all dates to prove your point.

yes I will do that. I have calandars for both 2009 and 2010 and I always fill in the times and dates, and when he does not show, I simply put NS and how long I waited. Im also pulling phone records to show that he did not call me on those dates, and also how rare he calls in general. NCP says I dont allow phone calls with DS, however he has never called to speak with him.