Am I in Contempt?

[thebigbabu57]

What is the name of your state? Ohio
I am sole custodial parent of my son. I asked my ex-wife to change her 2 visitation days over Christmas and suggested that she take my son for 2 extra days at Thanksgiving instead. She took my son for thanksgiving, then told me she didn't agree and has served me papers saying I am in contempt. Am I in contempt?

 

[leech]

Im not an expert BUT I believe unless you give her the time on Christmas which was appointed by the court then you can be held in comtempt. Even though you and her may have had an agreement its not legally binded.

 

[Lil Miss Smarty Panties]

She has served you papers of contempt for giving her two extra days of visitation? Or served you papers in anticipation of you denying her come Christmas? Because both are just plain stupid.

 

[VeronicaGia]

What is the name of your state? Ohio
I am sole custodial parent of my son. I asked my ex-wife to change her 2 visitation days over Christmas and suggested that she take my son for 2 extra days at Thanksgiving instead. She took my son for thanksgiving, then told me she didn't agree and has served me papers saying I am in contempt. Am I in contempt?

Ditto LMSP. And unfortunately, you've learned the hard way that being a nice, good, fostering parent won't work with her. If the order states that she has visitation over Xmas, then that's what you'll have to do in order to not be in contempt. From now on, follow the court order strictly. She apparently doesn't want to ever have anything other then what the court order says.

 

[ellencee]

thebigbabu57
I don't think you should be surprised at receiving papers stating you will be in contempt if the visitation is not provided. The mother gets 2 days at Christmas and you thought it would be equal if she had the child two extra days at Thanksgiving?! It's not the same as adding to summer weeks or school breaks in the spring--it's Christmas visitation!

Any chance you just weren't thinking clearly?

EC

 

[FJ1200guy]

Well, EC, he asked first, and she agreed.... in other words, she tricked him.
Dude, let this be a lesson... "Trick me once, shame on you, trick me twice, shame on ME". LOL And no, you are not in comtempt. You will be if you don't follow the CO, though. No more deals without them being in writing, k? Even on a piece of notebook paper with her signature will help!

 

[tigger22472]

I think I'm with Ellencee on this one. Although it wasn't fair for her to agree to it then file against it... In essence OP you just gave mom 2 extra days with her children. I have to agree though... Christmas is a whole different issue!! You have to follow the CO or YES you will be in contempt. Your verbal agreement means nothing if she takes it to court.

 

[snostar]

If you did not follow the CO at Thanksgiving she can try to have you charged with contempt. A Judge would have to find you in contempt. Abide by the CO for Christmas.....or that can be a continued charged of contempt. I repeat, a Judge has to find you in contempt! Unfortunately, I wouldn't trust this woman again. Judges rarely will find you in contempt for giving the other parent more time with the child. But I'm sure it has happened.

 

[thebigbabu57]

Am I in Contempt

Thankyou all for your input. I am so angry with this woman for being such a scrooge I can barely function. No, I have never ever denied her any visitations. Thanksgiving was her regular days plus she took him for 2 extra instead of the 2 days after Christmas Our court order does not state any specifics, that was left to us to arrange, so perhaps there is a chance I may win this time. And yes, she is filing this contempt charge BEFORE anything has even happened. The court date is set for nealry a week before her Christmas visitation dates.

 

[kidoday]

Our court order does not state any specifics

Wait a minute, you may not be held in contempt since there isn't an actual order for those two days, but you may end up getting ordered by the judge to give her those two days anyway. Unless you can prove there is a good reason she shouldn't be with your son on those days, a judge doesn't care if you were going to swap 2 days at Thanksgiving for 2 at Christmas, he is going to care that both parents are doing what is best for your son.

 

[ellencee]

thebigbabu57
I don't think a judge is going to deny the mother's being able to be with her child for two days after Christmas and I don't think the judge is going to be happy with you for having tried to do that. You may not have meant any harm, but to attempt to deny visitation around Christmas was not a good idea. It will probably be used to show that you are not acting in the best interest of the mother/child relationship. I sincerely doubt that you will walk out of court as a happy man. I expect you will leave with a modified visitation schedule that has specific days and times and a stern warning not to interefere with the mother/child relationship.

EC

 

[kidoday]

Ellencee I think you are correct on this one.

It happened to my ex over my daughters birthday. I just wanted a couple hours with her on her birthday, luckily we were in court just before that and the Judge asked my ex if there was a reason I should not have access to our daughter for a couple hours. Of course there wasn't and it was ordered no less than 2 hours.

 

[Lil Miss Smarty Panties]

OK but how does a person haul someone to court for contempt when contempt hasn't even happened yet?? shes taking him to court for contempt a week before she thinks the denial is suppose to happen?? What is she going to tell the judge? "I'm here in anticipation of denial of visitation"?? My guess is it will be thrown out.

 

[kidoday]

If there isn't a order for specific visitation then it is possible to bring a request to the judge for specific vistation prior to the event if you are being denied time for the visitation. Like you said Smarty, you can't be in contempt for something that hasn't happened, but like Ellencee said he will probably walk out of the court room for with his ex having those two days anyway.

 

[ellencee]

thebigbabu57
Do us a favor, please. Post the information from the papers served to you. What is the action titled? What is the text that describes the act(s) of contempt?

As it is a crime to ask with intent of fulfillment and with payment for someone to kill your spouse, perhaps it is contempt to ask with intent of fulfillment and with payment (day swapping) for your ex to disobey the court ordered Christmas visitation days. Maybe it is contempt to alter court ordered visitation at anytime or to even plan to do it and your ex decided to 'nip it in the bud'.

EC