is she in contempt?

[carsonneedshelp]

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

my ex was late bringing my kids to me yesterday. can i hold her in contempt?

 

[Ladyback1]

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

i get my kids every 2nd-5th weekend of the month. my ex was late bringing my kids to me yesterday by over an hour. can i hold her in contempt?

sure, you COULD. But should you?

If this is one time thing, the judge will not be kind or happy.
If this a consistent and habitual thing, then you might get luckier in front of judge.

 

[carsonneedshelp]

sure, you COULD. But should you?

If this is one time thing, the judge will not be kind or happy.
If this a consistent and habitual thing, then you might get luckier in front of judge.

how many times within what span would it be considered consistent and habitual, roughly?

 

[Ladyback1]

how many times within what span would it be considered consistent and habitual, roughly?

depends....what kind of excuse is the Ex providing for being late.
What proof do you have for each and EVERY time the Ex has been late?
Have you EVER been late for drop-off/pick up?

If this is the ONLY issue between you and Ex regarding custody, then it might be to everyone's benefit to let it go or sit down and talk like human beings with your EX.

 

[carsonneedshelp]

depends....what kind of excuse is the Ex providing for being late.
What proof do you have for each and EVERY time the Ex has been late?
Have you EVER been late for drop-off/pick up?

If this is the ONLY issue between you and Ex regarding custody, then it might be to everyone's benefit to let it go or sit down and talk like human beings with your EX.

she said it was because of the bay to breakers run and all the streets were closed off so she couldn't get through the park. she's lived in sf for years now, how could she not know there was a run? shouldn't she have planned better? i came from out of the city and got there in time. i suspect she did it on purpose to lessen my time with the kids.

she emailed me every 15-20 minutes telling me she was late and where she was, as if to rub it in.

what does it matter whether or not i've been late before? i've never been THAT late.

 

[Ladyback1]

she said it was because of the bay to breakers run and all the streets were closed off so she couldn't get through the park. she's lived in sf for years now, how could she not know there was a run? shouldn't she have planned better? i came from out of the city and got there in time. i suspect she did it on purpose to lessen my time with the kids.

she emailed me every 15-20 minutes telling me she was late and where she was, as if to rub it in.

what does it matter whether or not i've been late before? i've never been THAT late.

OMG!

Yeah, go ahead and file a motion for contempt. Tell the judge your story---see what the judge says!

 

[Proserpina]

she said it was because of the bay to breakers run and all the streets were closed off so she couldn't get through the park. she's lived in sf for years now, how could she not know there was a run? shouldn't she have planned better? i came from out of the city and got there in time. i suspect she did it on purpose to lessen my time with the kids.

she emailed me every 15-20 minutes telling me she was late and where she was, as if to rub it in.

what does it matter whether or not i've been late before? i've never been THAT late.

So, who are you really? You're not the child's father, that much is for sure.

Let's finish this here, shall we?

If you're genuinely Dad, you're invited to say everything you've said here in court in front of the judge. If you're genuinely this thick, I'd be arguing that you're clearly not bright enough to have custody rights to anything more complex than a carrot.

How DARE Mom let you know she's running late! How DARE she keep you updated! How DARE she!

 

[carsonneedshelp]

So, who are you really? You're not the child's father, that much is for sure.

Let's finish this here, shall we?

If you're genuinely Dad, you're invited to say everything you've said here in court in front of the judge. If you're genuinely this thick, I'd be arguing that you're clearly not bright enough to have custody rights to anything more complex than a carrot.

How DARE Mom let you know she's running late! How DARE she keep you updated! How DARE she!

my point wasn't to invite insults. someone asked a question, so i responded. i'm just saying, she should have known about the run, so she should have planned better. is that so wrong?

 

[Ladyback1]

my point wasn't to invite insults. someone asked a question, so i responded. i'm just saying, she should have known about the run, so she should have planned better. is that so wrong?

Crap happens! Good Grief....you are whining about 1 time being late.
Get over yourself, and learn how to co-parent.

And if you are the new partner of dad or mom? You should probably mind you own business

 

[carsonneedshelp]

OMG!

Yeah, go ahead and file a motion for contempt. Tell the judge your story---see what the judge says!

i didn't say i was going to file. i just asked if i had a case since she was so late. and how many of these would it take before it would be reasonable to file?

i just feel like i hardly have much time with my kids and i wish i did, that's all.

 

[single317dad]

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

i get my kids every 2nd-5th weekend of the month. my ex was late bringing my kids to me yesterday by over an hour. can i hold her in contempt?

You can't hold anyone in contempt, but the judge can.

You need an "affidavit of facts" supporting an "order to show cause" from the court. That would result in a hearing at which she would have to appear and show cause to the court as to why isn't in willful violation of the order and therefore shouldn't be held in contempt and remedies put in place. The most common example of "good cause" is inability to comply with the order. Remedies might vary widely from nothing at all, a stern talking to, makeup time, change of custody, or jail time.

Here is an article from freeadvice on contempt:

https://law.freeadvice.com/litigation/litigation/contempt-of-court.htm

All that said, I think you're being ridiculous.

 

[Proserpina]

my point wasn't to invite insults. someone asked a question, so i responded. i'm just saying, she should have known about the run, so she should have planned better. is that so wrong?

Given that you've already "told" us that you've been late yourself - well, what's YOUR excuse? Mom should hold you in contempt every single time, right?

Riiiiiiight.

 

[carsonneedshelp]

i don't know why it wouldn't let me respond to you, singledad.

is there nothing i can do to get more time with my kids?

 

[Ladyback1]

i don't know why it wouldn't let me respond to you, singledad.

is there nothing i can do to get more time with my kids?

ahhhhh....Now the truth comes out!

One instance of lateness (with a reasonable and rational explanation) is not enough to change custody or "get more time" with the kids.

If you have a parenting plan/custody agreement signed off by the courts, then there has to be a significant change of circumstances to modify the order/plan.

 

[carsonneedshelp]

ahhhhh....Now the truth comes out!

One instance of lateness (with a reasonable and rational explanation) is not enough to change custody or "get more time" with the kids.

If you have a parenting plan/custody agreement signed off by the courts, then there has to be a significant change of circumstances to modify the order/plan.

i see. thank you for responding.

ok. so let's say nothing changes "significantly." is there anything in the natural course of time that would allow for modification?