You are here

Contempt Case Continuance Case Tomorrow

imagr8tma's picture

Submitted by imagr8tma on Sun, 09/12/2010 - 3:49pm

Well, the continuance date for BM's contempt case is tomorrow morning. The first case was in July - but BM asked for a continuance for obtaining a lawyer.

DH filed this case because BM has continued alienating DH and SD relationship and she denied court ordered visitation for 7 visits. The excuses ranged from illness (pictures showed this was a lie), home alarm, dance practice, to no excuse at all and just being a no show.

DH and BM were in court on Sept 09 where BM filed a custody case stating we were abusive to SD and other lies. Well the counselor notes and other documentation DH has kept proved other wise. SO the judge put a clause in the court order that said for "no alienation to continue" and gave DH more time with SD. BM started taking visits in Oct 09. So in the one years time since the last court case BM has continued to alienate DH and SD amongst other things.

DH has gotten letters from BM's family member, emails from teachers, email from the dance coach, crazy emails from BM, texts from BM and all that jazz. It is just nuts.

Well the trial date is tomorrow 9 am. Hopefully this judge will now realize that no matter what court order is in place BM will not adhere or follow it. BM and DH have been updating the court order since 2003 - each time it has been because BM is finding loop holes to keep DH from his daughter. There is nothing else in my opinion that the judge can really do other then giving BM some type of consequence for her actions.

Hopefully, tomorrow this judge will do something about this situation. Fingers crossed.....

Comments

pastepmomof3's picture

Submitted by pastepmomof3 on Sun, 09/12/2010 - 6:45pm

Good luck tomorrow. Smile Hopefully she's like our BM and gets flustered and starts yelling at the judge. BM#1 has been charged with contempt several times - once since DH and I have been together and it was because of stupid shit like that -- just let the kid see her dad. Geez! I really wish there was some consequence for stupid BM actions - when we took her back, our lawyer spoke of having her pay our legal expenses to take her back for contempt. This may be a thought to consider, especially since it has been ongoing. Does your DH have a lawyer? If so, consider asking about this option. I'm sure it depends on the state you're in, but definitely worth the mention.

imagr8tma's picture

Submitted by imagr8tma on Sun, 09/12/2010 - 10:16pm

thanks!!!!!! He does have a lawyer. He and BM have been back and forth about these issues for years now.

Lawyer is asking for Fees, Time Restitution, Counseling, Jail Time and Custody to switch.

You can read back in my blogs and see the severity of BM's actions.

Just this past week - you would think she would play nice - since she is up for contempt charges tomorrow.

Well she is sending emails telling DH his visitation is petty and if he wants it taken into consideration - he needs to call the dance coach and see if they will rearrange the dance season.

Then will not answer the phone like the court order states unless he texts her stating that he has not spoken to the child and to have her call. She is not taking anything serious at all. I guess the court order means nothing .... I guess the contempt trial means nothing.

She even filed another child support case the same day they left court in July out of anger and trying to get back. DH is taking that court case paperwork to court as well.

I will update everyone on the outcome tomorrow.

imagr8tma's picture

Submitted by imagr8tma on Mon, 09/13/2010 - 9:32pm

Well, of course it was continued again. BM didn't speak with her lawyer at all. She retained the lawyer Friday and the lawyer needed more time.

Typical!

imagr8tma's picture

Submitted by imagr8tma on Wed, 09/15/2010 - 9:56pm

Yes, serious. Which is fine. She finally did enter a response to the contempt motion - our lawyer received a copy of it. AND she has perjured herself on all of the instances. AND added more lies to it.... again.

She claimed.... SD was to ill to travel and had breathing treatments for the Oct 09 visit - but we have the pictures when she had her at a Halloween festival. We also have the doctor's note that told her to keep the child indoors and hydrated for 48 hours. But the doctor also states SD was not with BM at the time of the diagnosis..

For the other visits she claimed it was for dance practices and DH had told her he agreed. DH has the dance schedule and email from the dance coach stating it was not any dance practices on weekends and he has several emails and texts from her giving lies and excuses - but not one of them says dance.

Then she claimed SD was ill for Spring Break and got a ring worm on the cruise we took her on and had to get breathing treatments again. We bought SD back on 11 April.... she did not take her to the doctor until May 11 and filled the prescription. She took the 3rd and 5th weekend visit in April and the May 11 visit. But did not mention any illness. My question is if you claim she had ringworm on 11 April why not take her to the doctor until 11 May. AND the breathing treatments medication was not filled until 11 May as well. One month later.... I guess her breathing just waited.

Plus other things..... So now DH is approaching the contempt case a little differently and adding change of custody on the motion as well.

imagr8tma's picture

Submitted by imagr8tma on Wed, 09/15/2010 - 9:58pm

The lawyer said something about her response basically showing "willful contempt". She knew she was wrong and chose to continue to do wrong. Now hopefully the judge will hear the complete case - her lawyer has more than enough time to prepare for the case.