Contempt action question

[meandmykids]

What is the name of your state? GA

My ex has filed a contempt action stating that I have refused to allow him to visit with the kids. It's not true, but I was wondering... When we go to court, can he ask for visitation to be modified? Or does that all have to be written out (exactly what he wants) in the original contempt? Does that make sense?

If not, let me ask in a different way.... Does the contempt action have to spell out exactly what the person wants, or can it be added to in court or mediation? Can they add to the "specific subject" that the contempt was about- the action was very general, just saying that I didn't let him visit. Or can they add whatever they want, including other issues like perhaps change of child support amount since it was so general?

TIA!

 

[stealth2]

Generally, the petition will include whatever remedy they're seeking.

 

[meandmykids]

ok- I went to get the paperwork and here's what it says:
4.
"Final Judgement and Decree provided... that Plaintiff have "standard visitation" and summer will be with the children for 2 weeks that are consecutive....
5.
Defendent refuses to allow Plaintiff to visit with the minor children.
6.
Defendant is in willful contempt of this Court.

WHEREFORE, Plaintiff prays as follows:
A- Process issue
B- Service by second original
C- Defendant be found in contempt
D and E- blah, blah blah....

SO- ... what is he asking for?

 

[stealth2]

Well, I don't know. Might it be in the "blah blah"?

 

[meandmykids]

Lol- I just meant the blah blah blah because it's all the usual stuff at the end. D is asking that I pay his attorneys fees for this contempt action and E is asking that I be held in jail until I purge myself of this contempt.

BTW- what does the a and b stuff mean? Process and service- what is that?

 

[AisforApple]

It means you will end up having to let him see his children.
He has been trying for a few years now, I give kudos to him for not giving up. It is hard to be a eow father.
Why don't you just step back and let him have a relationship with the kids? Let him have HIS relationship with them, the one he chooses to have. And if he makes a mess out of it, be there for your kids to help them. But, you have to let the kids see for them selves who there father is.

 

[meandmykids]

A- you missed the part where I said it's not true that I stop him from seeing the kids. The fact is, he just doesn't come, then makes up this silly contempt lie. He just doesn't realize how much trouble his is now in...

 

[Whyte Noise]

What he's asking for is "E".

For you to be held in jail until the contempt is purged. In other words, until he gets back the number of days he claims you withheld from him.

He's also asking that if you're found in contempt you're liable for his attorney's fees to bring this action against you.

You say he just doesn't show. He says you deny him.

Do you have proof he doesn't show, or is this going to be a "he said/she said" thing?

 

[meandmykids]

Do you have proof he doesn't show, or is this going to be a "he said/she said" thing?[/QUOTE]


Actually, no- it won't be, thanks to what xh started. Every time he comes to visit, he brings a cop with him. Not sure why, but now knowing that it has helped me, it's a great idea.
Second, he sends letters by certified mail. So, I decided to do that also. The last letter sent was regarding summer visitation. I sent the reply to him certified also. He never showed up. I also try to have people here when he says he is coming so there are no "he said, she said" problems.

 

[KarenWalker]

We hold my husband's ex in contempt frequently for not bringing the children, so similarly, we've had to learn how to document this.

We have bought a used videocamera that shows a time and date. We agree (via email) on the date, time and location of the kid swap. Then, with printed email in hand, we videotape our arrival and us sitting there (as the camera records the time) waiting for the exwife.

Otherwise, written documentation is important (as all will tell you), especially emails where he's agreed to be somewhere. If you can't afford a camera, get an unbaised witness to come to the agreed drop (priest, or have a waitress at the restaurant sign that she was present, etc.)

Good luck!

 

[meandmykids]

What he's asking for is "E".

For you to be held in jail until the contempt is purged. In other words, until he gets back the number of days he claims you withheld from him.

So, that's it? And he can't get into court and then try to ask for visitation to be changed.. or for his child support to be changed?

After answering his contempt, we filed a counter action. We asked for several things, including all back child support, payment for attorney fees (all 3 that we have used) and other payments that he was ordered to take care of twice before. Can he try to change cs since we brought it up?

 

[KarenWalker]

Make no mistake that while CS is often brought up in Visitation trials, CS and Visitation are NOT connected. Parents have the right to see their children even if they have $287390432890 in arrears. However, you should seek to collect and be willing to set up a payment plan (ex: he pays you $500 each month, so tack on $250 towards arrears each month). But, pursue this in a separate matter (and ALWAYS seek recovery of legal costs when going after HIM).

I'm not sure about where you live, but in Oklahoma and Texas, each parent may request reevaluation of CS once a year per parent. This is through the Department Of Human Services. I think CS modification is brought up not because you mentioned it, but because one party or the other seeks modification (which depending on the circumstances he might, so BEAT him at it!).

Are you registered with LegalAide?