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contempt of court advice please...

shannon4174's picture
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My dh and his ex have a section in their divorce papers that states whoever has the primary residence of their child has to notify the court 60 days before a planned move (doesn't matter if its 5 or 500 miles), and since BM's house is the primary this means her. Anyway, she neglected to do so, and went ahead and moved an hour away from dh. She moved about 3 weeks ago, but has been meeting dh half way to pick up SD for his visitations... until today. Bm was sleeping when she was suppose to meet dh and he drove to the usual spot calling her the whole time. So, after waiting and no response he came home. She called about 30 min later and said that he needed to drive to her house if he wanted to get dd and that she wasn't using her gas $. So, it looks like we will have to go to the court house monday and file contempt charges on her for violating the court order. He is acting pro-se because his lawyer is kinda useless. Any advice would be great. Has anyone ever been thru this? Sad

Tx mommy of 3's picture

Haven't had to file contempt charges yet. But what I would do is journal what has happened...just in case it keeps happening and journal each time. But first thing Monday file contempt charges. Find another attorney too! In TX if the custodial parent moves then they can be required to take AND pick up round trip, meaning in your case your dh wouldn't have to make any trips and the bm would have to leave & pick up skid at your place each time! Ha! Check into that. As far as filing charges, Idk. We have a great attorney who won't slack.

shannon4174's picture

That would be great if Bm had to do all the driving. He's not going to get a lawyer this round, he was $8,000 into his last lawyer and I could have represented him better! So we are doing our homework, documenting everything...

mom2five's picture

At the very least, y'all need a new visitation agreement. I wouldn't even attempt it without an attorney.

An attorney can tell you if it's worth filing contempt charges. I've never seen it do much good. Mom might get a slap on the wrist. And the judge might tell her not to do it again.

onlynormalone's picture

This happened to us also. She just wouldn't answer the door-or would leave with the kids when we were suppossed to pick them up! We did file contempt and nothing happened to her-they just slapped her on the hands. My faith in the court system is pretty bad-but thats what happened to us. I hope she grows up! Sorry, people have to act that way!

skylarksms's picture

Much documentation is the key to getting Contempt of Court. We got court to issue $500 fine to BM for CoC.

I had been keeping track of all the times the kids weren't coming over when they were supposed to be, etc., along with excuses and times we were notified.

BM's defense was, "SM (me) did all the documentation, not DH/BD!" Of course, that didn't impress the judge whatsoever.

On another note, she never did pay the $500 as court ordered so we just took it off the medical bills she would send us and send her (and her lawyer) certified letters explaining why those particular bills weren't paid.