Is this contempt of court?

[VA_Mom]

What is the name of your state? VA

The ex picked up the children and I was told via letter from his attorney a couple weeks ago that visitation would be in the state he resided. Well, yesterday I found out that he went to another state to visit relatives and said they might go to another state next week which is the distance from Massachussets (sp??) to Texas for a vacation but was not sure yet.

My court papers say prior to visitation the ex supposed to notify me in advance where visitation was to take place including the actual address and working phone number. I do not approve of this and think it is wrong that he did not let me know where the children where going who are both still in diapers! Just a couple of weeks ago his attorney filed a letter to me saying I was to let him keep the children longer and where they would be visiting which I responded back to the letter stating I basically had no idea what she was talking about because my conversation with the ex was totally different than what she was demanding but it was fine by me. I have been very reasonable but both the ex and his attorney have been nasty with me and now he goes and pulls this without telling me.

Tell me would you file contempt of court or demand the ex give you proper information now even though he willfully violated the order? Do I even have the right to file contempt of court?

 

[snostar]

I wouldn't bother filing for one count of contempt, if anything he'll get a slap on the wrist and a reprimand if you can even provide proof.

 

[BL]

I would however write a letter to the X and the Attorney reminding them word for word of the Orders to notify you and make a phone # available , and keep a copy , in case this becomes a habit .

 

[snostar]

I would however write a letter to the X and the Attorney reminding them word for word of the Orders to notify you and make a phone # available , and keep a copy , in case this becomes a habit .

Nice to see you back.

 

[LdiJ]

I would however write a letter to the X and the Attorney reminding them word for word of the Orders to notify you and make a phone # available , and keep a copy , in case this becomes a habit .

I agree with that, but I wouldn't rule out filing for contempt on it a little further down the road if more problems arise.

 

[BL]

Nice to see you back.

Why Thank You ..

 

[VA_Mom]

I agree with that, but I wouldn't rule out filing for contempt on it a little further down the road if more problems arise.

Do you mean if he does this again or any other issues?

I have been representing myself pro se so far and it's really nerve wrecking (even though I've done pretty good so far ) but between his prior false allegations against me, his attorney's recent demand letter and now purposely lying to me I am beginning to dismiss the idea of having any decent parenting relationship with him.

 

[LdiJ]

Do you mean if he does this again or any other issues?

I have been representing myself pro se so far and it's really nerve wrecking (even though I've done pretty good so far ) but between his prior false allegations against me, his attorney's recent demand letter and now purposely lying to me I am beginning to dismiss the idea of having any decent parenting relationship with him.

Both. Its not uncommon for a party to wait and see how things go before deciding to file for contempt....and then once they do including everything that has been contempt. However it does require good documentation.

I would also give you some other advice. If you have court orders, then stick to them. Don't let his attorney make "demands" that you give him more than what was court ordered. Remember, it costs dad every time he uses his attorney to make demands, and it costs you nothing because you are representing yourself. If dad stops getting results by having his attorney make those demands, he is likely to start realizing that its not worth the cost, and may start "playing nice" with you.

 

[VA_Mom]

I would however write a letter to the X and the Attorney reminding them word for word of the Orders to notify you and make a phone # available , and keep a copy , in case this becomes a habit .

Should I address it to the ex or the attorney? The ex won't get the letter for another 10 days considering he is not at his home address but then again I guess it would be proof that he did not take the children there.

Also, would you file a copy of the letter at the courthouse (without filing for contempt)?

 

[LdiJ]

Should I address it to the ex or the attorney? The ex won't get the letter for another 10 days considering he is not at his home address but then again I guess it would be proof that he did not take the children there.

Also, would you file a copy of the letter at the courthouse (without filing for contempt)?

It certainly doesn't hurt to have the letter placed in the file.