visitation

[mmf1]

contempt of court?

My boyfriend has a court order that states that he is allowed visitation w/his son on alternate wknds. Last yr. he had to take his ex to court and got her for contempt because she just up and disappeared for 6 mos. After that visitation resumed for a while and then she started playing games like saying: no, you can't have him this wknd because he's sick, or no, we are going away this wknd, or her latest stunt was she had some issues about him coming to dads because supposedly her son was going home and saying dads girlfriends 10 yr. old son was hittiing him all the time. She got DHHS involved and they came to check us out and found everything to be fine and told her visitation should be resumed immediately, but even then she would not allow visitation. Well, DHHS told us to take the court order and get a cop to go to her house and see if she would turn him over then. Unfortunately, there was no-one home. But this did get her attention when she found out about this. She called and said my boyfriend could have his son on his next scheduled visit. Well, we know this will probably only last for a couple of wknds before she starts playing games again so we went and filed contempt charges agaiinst her. Since my boyfriend has not seen his son in about 3 mos. he would like to see the child on his next visit, but if he does will this affect the contempt charge or will she still be in contempt because of her previous actions? Basically what she is doing is trying to get dad out of the picture and let new boyfriend take over.

 

[kat1963]

I hope you are keeping documentation on all this. Did the police give you any sort of report or anything else that can be used against her? I would send her a certified, return reciept "Intent on Visitation" if she denies it, "Denial of visitation" letter as a follow up. Bottom line, DOCUMENT EVERYTHING. Allowing visitation this next time isn't going to effect the papers you've already filed, cept the judge will say, oh, she's being a good girl now *slap* (ask for makeup visitation time). If she goes against court orders a third time, to heck w/show causes, file for custody.
KAT

 

[mmf1]

Thanks for the response Kat. The police did not give us anything that day, but I do try to document everything. I have written down all the dates we were supposed to have him and the excuses she has given. I've kept all her e-mails, too that say sorry, but we are going away on your next wknd. Also, I told my boyfriend to make sure he doesn't erase the last message she left on the Friday we were supposed to pick him up for the weekend. She tried to say DHHS did not contact her until that day and she didn't have time to contact her lawyer to o.k. everything first. First of all, DHHS told us they spoke to her on Wed. of that week and told her visits should resume immediately, and they knew nothing of any so-called lawyer that she had to contact first.

 

[kat1963]

Listen, the next time this DHHS or CPS or whatever it is called in your state decides to say that you can't take visitation, tell them to get a court order. They can't make you do diddly without one...and anyway, being the good citizen you are, you wouldn't want to do anything without one right! hehehehe Just for grins and cause personal experience tells me "Girlfriend, ya' ain't seen the last of false abuse allegations" do go here CPS Watch in the upper right hand corner is a parents guide to the system. Take the time to print it out (free) and keep it in a little file since you just might need it again.

I hope the judge comes down hard on her at the contempt hearing. Maybe, just maybe that will make her straighten out. I'll keep my fingers crossed for you. Sometimes it works, sometimes it just keeps going and going...like a never ending story.

But like I said, keep doing what you have been, if it keeps up, file for custody. You can do this pro se if you do your research and ask a ton of questions!

Good Luck! And do let us know how it goes!

KAT