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Ex Wife in contempt of court for 2nd time

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atxdad

Junior Member
What is the name of your state (only U.S. law)? Texas

From the top- In August of 2008 I had a temporary order put into action by the court stating my ex-wife could only move with the children back to Travis or contingent counties if she decided to move again, because she has been moving around A LOT. She had just moved to Nolan county, 6 hours away from Austin where we all lived, and said i could only see the kids if I picked them up from Sweetwater....6 hrs from my house.
When I took her to court our new orders state I could choose 1 weekend a month for visitation or opt for the first, third, and fifth as stated in the divorce decree. There is also an order in place that I may not have contact with her, so I had to designate any competent adult to pick them up, I chose my mom and my wife. The order also stated the designated location is in Brownwood (half way for both parties) as seemed fair to both of us to not have to drive 12 hours straight round trip, or other agreed location.
I moved to California and shortly afterward I found out she moved back to Austin. I then opted for the 1st, 3rd, and 5th weekend, and that my mom would pick them up.
At first she agreed to this and let my Mom get them one time, then all of a sudden she began denying visitation because she said I had to pick them up. This is the only way to see or talk to my children, we have web-chats and phone calls all weekend they are at my mothers.I was advised not to have my wife call her house to talk to the kids because she already attempted to have me revoked for her showing up at my house and I was on probation and not allowed to see her! ISo this week I got approval from the probation office for my wife to call her and ask her if she is going to cooperate and allow my mother to pick up the kids this weekend (and we tell her the call is being recorded). My exwife said she did not have to release the children to my mom, and if I wanted to see them I had to pick them up, but as we all know I cannot because I was on probation for threatening her for hiding the kids for over 1.5 yrs from me. (I had just got home from Afghanistan and I left her and she skipped town with the kids)
We have been to court about this issue before, and she was required to do "make-up" days. She had to make up 18 missed weekend visitations in 2006-2007, there were more but I did not know how to document them for a while. She also did not notify the court or myself that she had moved back to Austin. Instead I found out through the children's school in Sweetwater that they had been transferred back to Austin. Below are some of the conditions of the temp order.

Temporary injunctions are as follows-
Parties are prohibited from:
-hiding the children from the other party
-Interfering in any way with the other party's court ordered possession of the children by taking or attempting to take possession of the children, directly or through an other person, from their residence, school, or any other place, other than for the purpose of exercising rights of possession as specifically authorized in these orders.

What steps would I go about to finalize these temporary orders, or make sure visitation gets enforced?
I know the domestic relations office cant get involved until I finalize of drop these temp orders.
This has been going on for 5 years now. I just want my kids to be treated fairly and they have got to be getting severely messed up from this feeling that "Dad doesn't want to see them." My oldest kiddo called my Mom this week and said she doesn't want to see us anymore...at 645am! They have 2 sisters here that will not even know them if this continues. Any good advice will be much appreciated.
 
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LdiJ

Senior Member
That was extremely difficult to read.

However, from what I can grasp is that you are living in CA and your children are living in TX and you want your mother to be able to exercise your visitation so that she can facilitate contact with you.

I don't think that you are going to suceed with that.

I think that what you are going to need to do is go back to court to establish a long distance parenting schedule.
 

atxdad

Junior Member
I am moving back in Dec. I was only here for the yr. I knew that if I moved here to CA she would most likely move back to Austin TX. I would fly the kids down here for Thanksgiving if she would let my mother pick them up and take them to the airport. I want to get back to Austin and change the divorce decree so that she can't take off again as soon as I return.
So you don't think that the judge will look unfavorable on her for directly ignoring her orders with no repercussion?
My mother is the middle person that is suppose to pick up the kids since she put an order on me because she feels threatened. She just got off of contempt from the prior denials of visitation. The Judge wasn't happy then either. The judge told my exwife the only reason she is not ordering her back into Travis County is because she enrolled the kids in school already.
 
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