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Contempt charges -all lies - opinions?

newstep07's picture

Hi, try to make this short as possible...
my dh is going to court for a 2nd offense contempt for denying visits.. the first time he did do it, had no choice for the welfare of his kids .. x moved out of state and in with abusive gp's and he didnt drive kids over 5 hours to visit them.. admitted to it to get child support settled now that x has a job( FINALLY after having the kids with Full sole custody for over a year and getting none because x had no job or means of income when he got full custody .. she had this job for 7 months and never reported it to the court either)

This time... he has taken all children to ALL visits in 5 months and SHE called and cancelled 2 visits herself. She is now saying oldest ss didnt come to 2 visits ( but other sibs did ) and dh told child he didnt have to. Truth is.. one weekend ss called X and begged not to go ( he is 15 ) and X told him to stay home because he would ruin weekend for younger sibs who still get along with her .. other child ( 12 ) witnessed this call as did I... and the other visit ss had a scheduled team sport that he was participating in and it is stated in the visitation order he is excused from 2nd weekend visit if he has an activity.. so NULL contempt! She new about the event ahead of time, told the child to play in the event.. now is sueing dh over it. WHAT??

Since filing she has been telling the children that dh is now going to jail and she will be getting full custody of them once we go to court. Our lawyer says she is SMOKING something ( by the way if we did a drug test she would FAIL ) and has no chance of this being found contempt but we are worried and it is making these poor kids nervous WRECKS. she consistently bad mouths dh and threatens the kids that if they act bad or their dad does anything she doesnt like *it will be used in COURT (*if I had a dollar for everytime she says this it would = the support she pays a month ) ss called her tonight and let her have it because he just found out he has to go down 3 weekends in a row due to mothers day. He HATES her, hates going and now has told us he will run away next weekend if we try to make him go. We are at our wits end... he is starting to now hate DH for making him go, even though it is court ordered that he does.. says let dh go to jail to show he loves him. UNGRATEFUL children. UG!

Any opinions or experience with a 2nd offence for denying visits ( even with them being this BOGUS ) 15 yo is testifying that dh never asked for him to be excused and that his BM is the one who told him not to come to that visit and so is 12 yo ... plus I witnessed the call of x telling him he didnt have to go. Should we be worried at all and does 2nd offense contempt amount to jail in any cases anyone has heard of? where would the kids go? move 5 hours away to a city with x who lives with 2 single men? I have trouble believing any judge is going to rule in her favor but very worried for these kids and dh. Thanks.

Krissy's picture

Don't worry! Your Dh will NOT BE JAILED for this. One contempt charge does not have anything to do with another only in that it will not change the facts of the matter at hand. He has witnesses that can attest to what really happened, and the 15-year-old is DEFINITELY old enough to be heard. Anda ctually, going to court to speak up for his father and tell the truth might not be bad for the child. I'm sure that he feels completely lost and that he has no control over anything, so the fact that he is now being given a voice could be very positive. It really might help him feel as if he has some control in his young life and I believe that this is very important for a teen.

If you are worried...try and get her to admit to what she did on the phone and tape it. I see in your profile that you live in WI...that is a single-party consent state, which means that as long as one person having the conversation knows that it's being taped (that would be you), you don't have to tell the other and the recording will be 100% admissible in court. Get her on the phone and let her dig her own hole by admitting what she did. Not only will you win, but BM could very likely be forced to pay your court fees AND worse...it's a crime to fabricate an allegation of contempt. If you can prove that she lied...SHE's the one who'll be in deep shit.

DON'T WORRY. It'll be okay.