Contempt for not coming to an agreement?

[shechrissy]

What is the name of your state (only U.S. law)? WISCONSIN

My children's father has not contacted me since October, 2008 to arrange placement with our two children. Last week, I was served with a Motion to Show Cause for Contempt, stating that I have refused him placement.

Our custody agreement reads that he will have placement with the children "at least every other weekend, as his work schedule allows or as mutually agreed upon."

When we last spoke, we were not able to come to an agreement on placement. How can he ask that I be held in contempt for not reaching an agreement? With that mentality, I should be able to ask the courts to hold him in contempt for not reaching an agreement, also. I feel he should be filing a motion to ask the courts to set specific periods of physical placement.

Can I request a continuance on the hearing and ask his attorney to answer questions and provide evidence, like a discovery?

Thank you for your help!

 

[2Mistakes]

Is that EXACTLY how your order reads? Including punctuation?

Here's where he can get you:

at least every other weekend

So, what do you mean you couldn't come to an agreement? What exactly were you 2 disagreeing about? When did he want to exercise his visitation? What were your reasons for nor agreeing?

 

[shechrissy]

Is that EXACTLY how your order reads? Including punctuation?

Here's where he can get you:



So, what do you mean you couldn't come to an agreement? What exactly were you 2 disagreeing about? When did he want to exercise his visitation? What were your reasons for nor agreeing?

I wrote up our custody agreement. It reads "[Dad] will have placement at least every other weekend, as his work schedule allows, or upon the mutual agreement of the parties. Both parties understand that this may be reviewed upon further request."

We are in disagreement about the location of placement. He can see the kids any day of the week, but not in his home. He has drug and alcohol addictions, and has two roommates who live in his house who use drugs on a daily basis. He decided in October that he didn't want to have placement with them at relatives' houses anymore (he had been exercising placement like this for at least a year), and said it's at his house or not at all. I have never denied him placement, I have just set boundaries that he wants to cross, and it is not in our children's best interests.

 

[Just Blue]

I wrote up our custody agreement. It reads "[Dad] will have placement at least every other weekend, as his work schedule allows, or upon the mutual agreement of the parties. Both parties understand that this may be reviewed upon further request."

We are in disagreement about the location of placement. He can see the kids any day of the week, but not in his home. He has drug and alcohol addictions, and has two roommates who live in his house who use drugs on a daily basis. He decided in October that he didn't want to have placement with them at relatives' houses anymore (he had been exercising placement like this for at least a year), and said it's at his house or not at all. I have never denied him placement, I have just set boundaries that he wants to cross, and it is not in our children's best interests.

You don't get to dictate where dad has visitation. You are in contempt. Get an attorney. Be prepared to PROVE, by LEGAL standards, that Dad's home is a danger to the children.

 

[Isis1]

I wrote up our custody agreement. It reads "[Dad] will have placement at least every other weekend, as his work schedule allows, or upon the mutual agreement of the parties. Both parties understand that this may be reviewed upon further request."

We are in disagreement about the location of placement. He can see the kids any day of the week, but not in his home. He has drug and alcohol addictions, and has two roommates who live in his house who use drugs on a daily basis. He decided in October that he didn't want to have placement with them at relatives' houses, and said it's at his house or not at all. I have never denied him placement, I have just set boundaries that he wants to cross, and it is not in our children's best interests.

oh, you are in so much trouble. unless there is a court order that states you can deny dad based on assumptions that are not proven in court, you will get dinged for contempt.

if dad had restrictions in his court order, you would have stated so already. and you haven't.

 

[shechrissy]

Thank you!

 

[Zephyr]

how much visitation have you allowed dad to have since October?

 

[shechrissy]

how much visitation have you allowed dad to have since October?

Like I said, he could see them any day he wanted to, but he has not contacted me at all- by phone, email or in writing- since October. We moved in November, and I even emailed him my new contact information within 2 weeks of moving. I also have mail forwarding service from my previous address. His parents have called to see the kids, but he hasn't since October.

 

[Zephyr]

Like I said, he could see them any day he wanted to, but he has not contacted me at all- by phone, email or in writing- since October. We moved in November, and I even emailed him my new contact information within 2 weeks of moving. I also have mail forwarding service from my previous address. His parents have called to see the kids, but he hasn't since October.

SO he never attempted to exercise his placement time?

that might be your saving grace...

 

[2Mistakes]

Did you follow proper procedure for moving?

How far away did you move (time/miles)?

How do you know if dad even got the email with your new contact information?

 

[2Mistakes]

SO he never attempted to exercise his placement time?

that might be your saving grace...

Maybe, maybe not.

Mom moved in November and states that she only emailed Dad with her info. Maybe dad couldn't attempt to exercise his placement time, if dad didn't know where she was.

 

[shechrissy]

Did you follow proper procedure for moving?

How far away did you move (time/miles)?

How do you know if dad even got the email with your new contact information?

I only moved 20 miles away from my previous residence that we shared. I provided him with written intent to move about 3 months before we moved, but did not disclose the street address because I have a restraining order for domestic abuse against him and fear for my safety.

 

[Zephyr]

Did you follow proper procedure for moving?

How far away did you move (time/miles)?

How do you know if dad even got the email with your new contact information?

According to the posted information, he is taking her to court for denying placement, not moving....so whether she informed him or not is irrelevant...and she stated she did inform him...which meets WI guidelines

 

[Ohiogal]

Like I said, he could see them any day he wanted to, but he has not contacted me at all- by phone, email or in writing- since October. We moved in November, and I even emailed him my new contact information within 2 weeks of moving. I also have mail forwarding service from my previous address. His parents have called to see the kids, but he hasn't since October.

What was transportation supposed to be? WORD FOR WORD. Because quite frankly he was entitled to every other weekend and he didn't have to call you BETWEEN times. So how was he supposed to get the children. Especially if you have a restraining order and he didn't have the street address?

 

[shechrissy]

Maybe, maybe not.

Mom moved in November and states that she only emailed Dad with her info. Maybe dad couldn't attempt to exercise his placement time, if dad didn't know where she was.

His mother has been keeping in contact with me through email and phone the whole time, and she had asked to see the kids. He works with his parents, and they are very close. It's not like I've been hiding this information from him. Anyone can find the phone number I gave him in the phone book.