Motion for Contempt in Child Custody Case

[TFurrows]

This original parenting plan was ordered in Missouri. Mother still lives in Missouri. Father has since moved to Kansas.

My wife is trying to file a Motion for Contempt after her ex refused to turn over her kids on her weekend. In the original plan, my wife had the two children full time. Since then my wife and her ex made a verbal agreement to switch rolls, i.e. he has children full time and she has them every other weekend. She has picked them up at 5pm every other Friday at the father's home since I have known her.

Recently, her 11-year-old daughter texted my wife regarding the child's father possibly hitting her 13-year-old brother. My wife called Social Services who then had an officer stop by. No abuse was detected. In response, the father punished the 11-year-old by taking away her phone and punished my wife by stating she will not see her kids again. The next weekend, my wife went to pick up the kids and no one was home. He prevented her from seeing the kids. Two weeks later, my wife was able to get the 11-year-old, but not the 13-year-old.

The father has a criminal record and has exhibited behavior not consistent with being a parent, e.g. punishing a child for reaching out for help (which is documented in text messages).

With all that said, my wife wants to file a Motion for Contempt. We cannot afford an attorney at all and plan on filing pro se. The district court did not have forms on hand and directed us to the Missouri courts website. I cannot find the appropriate forms online.

Can someone point me in the right direction on where/how to obtain the appropriate forms? Again, an attorney is out of the question due to financial restraints. Thanks!

 

[Ohiogal]

This original parenting plan was ordered in Missouri. Mother still lives in Missouri. Father has since moved to Kansas.

My wife is trying to file a Motion for Contempt after her ex refused to turn over her kids on her weekend. In the original plan, my wife had the two children full time. Since then my wife and her ex made a verbal agreement to switch rolls, i.e. he has children full time and she has them every other weekend. She has picked them up at 5pm every other Friday at the father's home since I have known her.

Recently, her 11-year-old daughter texted my wife regarding the child's father possibly hitting her 13-year-old brother. My wife called Social Services who then had an officer stop by. No abuse was detected. In response, the father punished the 11-year-old by taking away her phone and punished my wife by stating she will not see her kids again. The next weekend, my wife went to pick up the kids and no one was home. He prevented her from seeing the kids. Two weeks later, my wife was able to get the 11-year-old, but not the 13-year-old.

The father has a criminal record and has exhibited behavior not consistent with being a parent, e.g. punishing a child for reaching out for help (which is documented in text messages).

With all that said, my wife wants to file a Motion for Contempt. We cannot afford an attorney at all and plan on filing pro se. The district court did not have forms on hand and directed us to the Missouri courts website. I cannot find the appropriate forms online.

Can someone point me in the right direction on where/how to obtain the appropriate forms? Again, an attorney is out of the question due to financial restraints. Thanks!

YOU have no say so at all. You are not a party. There are not forms for every situation. Your wife needs to do this herself. NOT you.

 

[Ohiogal]

Oh and corporal punishment is legal. Your wife acted the fool when she didn't call and talk to dad but instead called Social Services. Way to NOT coparent!

 

[TFurrows]

YOU have no say so at all. You are not a party. There are not forms for every situation. Your wife needs to do this herself. NOT you.

I am not filing. I'm just reaching out on her behalf. She, of course, will be filing alone.

 

[TFurrows]

Oh and corporal punishment is legal. Your wife acted the fool when she didn't call and talk to dad but instead called Social Services. Way to NOT coparent!

There has been a history of the father either not responding or lying in similar situations. I appreciate your judgement, but I am only looking for how to go about filing the motion. Thanks.

 

[Ohiogal]

There has been a history of the father either not responding or lying in similar situations. I appreciate your judgement, but I am only looking for how to go about filing the motion. Thanks.

I don't give information about filing motions to people who have no right to file them. Have a great life. And judgment does not have an "e" after the "g". You seem to love having excuses as why your wife will not co-parent.

 

[Zigner]

There has been a history of the father either not responding or lying in similar situations. I appreciate your judgement, but I am only looking for how to go about filing the motion. Thanks.

The POINT is that your wife jumped straight to calling social services for an act that is perfectly legal, based upon the word of an 11 year old.

 

[TheGeekess]

This original parenting plan was ordered in Missouri. Mother still lives in Missouri. Father has since moved to Kansas.

My wife is trying to file a Motion for Contempt after her ex refused to turn over her kids on her weekend. In the original plan, my wife had the two children full time. Since then my wife and her ex made a verbal agreement to switch rolls, i.e. he has children full time and she has them every other weekend. She has picked them up at 5pm every other Friday at the father's home since I have known her.

Recently, her 11-year-old daughter texted my wife regarding the child's father possibly hitting her 13-year-old brother. My wife called Social Services who then had an officer stop by. No abuse was detected. In response, the father punished the 11-year-old by taking away her phone and punished my wife by stating she will not see her kids again. The next weekend, my wife went to pick up the kids and no one was home. He prevented her from seeing the kids. Two weeks later, my wife was able to get the 11-year-old, but not the 13-year-old.

The father has a criminal record and has exhibited behavior not consistent with being a parent, e.g. punishing a child for reaching out for help (which is documented in text messages).

With all that said, my wife wants to file a Motion for Contempt. We cannot afford an attorney at all and plan on filing pro se. The district court did not have forms on hand and directed us to the Missouri courts website. I cannot find the appropriate forms online.

Can someone point me in the right direction on where/how to obtain the appropriate forms? Again, an attorney is out of the question due to financial restraints. Thanks!

Why on earth would your wife decide to leave the children with their father if he is such a bad person?

 

[LdiJ]

This original parenting plan was ordered in Missouri. Mother still lives in Missouri. Father has since moved to Kansas.

My wife is trying to file a Motion for Contempt after her ex refused to turn over her kids on her weekend. In the original plan, my wife had the two children full time. Since then my wife and her ex made a verbal agreement to switch rolls, i.e. he has children full time and she has them every other weekend. She has picked them up at 5pm every other Friday at the father's home since I have known her.

Recently, her 11-year-old daughter texted my wife regarding the child's father possibly hitting her 13-year-old brother. My wife called Social Services who then had an officer stop by. No abuse was detected. In response, the father punished the 11-year-old by taking away her phone and punished my wife by stating she will not see her kids again. The next weekend, my wife went to pick up the kids and no one was home. He prevented her from seeing the kids. Two weeks later, my wife was able to get the 11-year-old, but not the 13-year-old.

The father has a criminal record and has exhibited behavior not consistent with being a parent, e.g. punishing a child for reaching out for help (which is documented in text messages).

With all that said, my wife wants to file a Motion for Contempt. We cannot afford an attorney at all and plan on filing pro se. The district court did not have forms on hand and directed us to the Missouri courts website. I cannot find the appropriate forms online.

Can someone point me in the right direction on where/how to obtain the appropriate forms? Again, an attorney is out of the question due to financial restraints. Thanks!

Missouri doesn't call it contempt of court for family law cases. They call it a "Motion for Family Access". You might look for the form using those as your search keywords, rather than contempt of court.

 

[latigo]

This original parenting plan was ordered in Missouri. Mother still lives in Missouri. Father has since moved to Kansas.

My wife is trying to file a Motion for Contempt after her ex refused to turn over her kids on her weekend. In the original plan, my wife had the two children full time. Since then my wife and her ex made a verbal agreement to switch rolls, i.e. he has children full time and she has them every other weekend. She has picked them up at 5pm every other Friday at the father's home since I have known her.

Recently, her 11-year-old daughter texted my wife regarding the child's father possibly hitting her 13-year-old brother. My wife called Social Services who then had an officer stop by. No abuse was detected. In response, the father punished the 11-year-old by taking away her phone and punished my wife by stating she will not see her kids again. The next weekend, my wife went to pick up the kids and no one was home. He prevented her from seeing the kids. Two weeks later, my wife was able to get the 11-year-old, but not the 13-year-old.

The father has a criminal record and has exhibited behavior not consistent with being a parent, e.g. punishing a child for reaching out for help (which is documented in text messages).

With all that said, my wife wants to file a Motion for Contempt. We cannot afford an attorney at all and plan on filing pro se. The district court did not have forms on hand and directed us to the Missouri courts website. I cannot find the appropriate forms online.

Can someone point me in the right direction on where/how to obtain the appropriate forms? Again, an attorney is out of the question due to financial restraints. Thanks!

A Missouri court form for Motion to Hold Respondent in Civil Contempt (Violation of Custody - Visitation)? ? Keep searching you will find it.

I've brought it up several times including the form for An Order to Show Cause in re Contempt, but I've been unable to cut an paste the URL links. You might try the below, but no guarantee. (What we need here is Quincy's expertise!)

Anyway don't pay a bit of attention to LdiJ's remarks. Your wife' is not in need of a "Motion for Access" We have to assume here that her right of access to the children has already been established. What she needs is a ruling from the Missouri court enforcing those rights.

However, that raises a major issue. What are her rights in this respect? You tell us that in the original parenting plan she served as the custodial parent and the father was given alternate weekend visitation. Later, that the plan was verbally modified reversing the roles.

What we are not given to know is what does the court file have to say about these respective parental roles! You don't mention either the original plan or the modified having court approval.

Please understand that in the preparation of her Motion in re Contempt (or a Motion for Order to Show Cause - same thing) she needs to recite some specific order of the court that he is guilty of violating.

If he is merely ignoring a verbal agreement that has never been submitted for and received court approval, he cannot be held in contempt of court.

It would be tantamount to a criminal court ruling that evidence of certain conduct on the part of the defendant rendered him guilty of a crime when there are no laws proscribing or outlawing such conduct.

I realize the difficulties your two are facing. Court and procedural rules (motions, orders to show cause, obtaining hearing dates, giving proper and timely notice; etc., etc. ) are often more perplexing than resolving substantive issues; that is getting at the meat of the controversy. The trouble is there are established rules and procedures that must be followed in order to get to the meat.

If I'm correct in my presumption that the verbal agreement to reverse the parents' individual roles has not heretofore been formally approved by the court, then what I would have her state in her affidavit how it came about, and how it has been mutually honored until now and ask the court to ratify it. I don't see how the father could complain.

Anyway the important thing here is to somehow get the father before the Missouri court to answer to her charges that he is violating the visitation schedule they have come to agree upon and have followed in the past. As I say even if it is not in the books, he cannot very well deny it.

____________


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[quincy]

A Missouri court form for Motion to Hold Respondent in Civil Contempt (Violation of Custody - Visitation)? ? Keep searching you will find it.

I've brought it up several times including the form for An Order to Show Cause in re Contempt, but I've been unable to cut an paste the URL links. You might try the below, but no guarantee. (What we need here is Quincy's expertise!) ...

... [*] www.formsworkflow.com › … › Missouri › Local Circuit Courts
Browse by Jurisdiction > Missouri > Local Circuit Courts > 21st Circuit (St. Louis County) ... FormsWorkFlow is an American ... Local Circuit Courts 21st Circuit (St ...

Here are links to Missouri family court division court forms and to a St. Louis County "Motion to Hold Respondent in Civil Contempt (for violation of custody/visitation provisions)" - but I haven't read the thread well enough to know if any of the forms (including the second one linked to below) are applicable:

http://www.stlouisco.com/LawandPublicSafety/CircuitCourt/Forms#85814-domestic-violence

and

http://www.stlouisco.com/Portals/8/docs/Document Library/circuit court/Forms/Domestic Violence/DVCustodyVisitationViolation.pdf

and

Family Access forms: https://www.courts.mo.gov/page.jsp?id=700

 

[LdiJ]

Quoted from the Missouri Court Website:

Motion for Family Access Order: This form is used to seek help from the court to obtain rights to custody, visitation or third-party custody provided in a judgment of dissolution (divorce), legal separation or modification, or paternity that are being denied or interfered with by a parent or third party without good cause.

Read it carefully. Its saying that if you are being denied court ordered rights you need to file a Motion for Family Access Order.