Contempt for not coming to an agreement?

[wileybunch]

So I am interpreting the order wrong. Thank you.

The affidavit reads...

[Dad] sworn under oath states as follows...

That the parties have been granted joint legal custody with the petitioner having primary physical placement and the respondent having placement "at least every other weekend, as his work schedule allows, or upon the mutual agreement of the parties." Attached as exhibit A.

That the petitioner has denied the respondent all placement with the minor children since October 6, 2008.

That the petitioner has refused to provide the respondent with an address where the children reside or with whom the petitioner leaves the children for day care."



For inquiring minds, the kids don't go to daycare.

Is that all there is to it? There isn't specifics dates/times how he tried to exercise visitation?

Also, do you work or go to school? Who takes care of the kids if you're not a full time SAHM?

 

[ProSeDadinMD]

That is completely irrelevant. He was given a phone number to contact me at. You don't live at work, do you? But you can be contacted there, right?

I don't live there, but more importantly, my child doesn't either.

Completely relevant.

 

[shechrissy]

Is that all there is to it? There isn't specifics dates/times how he tried to exercise visitation?

Also, do you work or go to school? Who takes care of the kids if you're not a full time SAHM?

No, there are no dates/times listed, that is all it says. The only evidence provided is a copy of the court order. I would like to send a discovery asking, among many other things, when I allegedly refused placement.

Good grief, is it so hard to believe that I stay at home with the kids full-time? I'm here with them 24/7. They don't go to a babysitter. They haven't gone to daycare since November, and their dad knew about that facility.

 

[shechrissy]

I don't live there, but more importantly, my child doesn't either.

Completely relevant.

Good for you, you can afford a house phone.

 

[wileybunch]

No, there are no dates/times listed, that is all it says. The only evidence provided is a copy of the court order. I would like to send a discovery asking, among many other things, when I allegedly refused placement.

I am not familiar with the law in your state so I don't know if your court will hearing the motion AND hold an evidentiary trial the same day (or whether an evidentiary trial is required to find someone in contempt). If it's a two-part and the first date is just to hear the motion, then discovery wouldn't need to be done until/unless a trial is set.

Good grief, is it so hard to believe that I stay at home with the kids full-time? I'm here with them 24/7. They don't go to a babysitter. They haven't gone to daycare since November, and their dad knew about that facility.

Huh? Where did you ever say that you were a stay home Mom with the kids? Did you think you told Dad like you think you already told us?

 

[LdiJ]

I am looking at this slightly differently than some of the other posters.

I don't see how you can be held in contempt. Dad has no evidence that he has attempted visitation with the children, and as we would tell an ncp in this circumstance, you can't hold the cp in contempt unless you actually attempt to exercise visitation and are denied.

However, I do agree that you did not have the right to dictate where visitation would take place.

If your habitual exchange location was your mother's house, and he never showed up to pick up the kids or contacted you about it, then I don't see how you can be held in contempt.

I think what is likely is the judge will yell at both of you somewhat. You for trying to dictate where visitation would take place (unless you are able to prove with hard evidence that dad's home is dangerous to the children) and dad for not attempting to exercise visitation.

 

[shechrissy]

I am looking at this slightly differently than some of the other posters.

I don't see how you can be held in contempt. Dad has no evidence that he has attempted visitation with the children, and as we would tell an ncp in this circumstance, you can't hold the cp in contempt unless you actually attempt to exercise visitation and are denied.

However, I do agree that you did not have the right to dictate where visitation would take place.

If your habitual exchange location was your mother's house, and he never showed up to pick up the kids or contacted you about it, then I don't see how you can be held in contempt.

I think what is likely is the judge will yell at both of you somewhat. You for trying to dictate where visitation would take place (unless you are able to prove with hard evidence that dad's home is dangerous to the children) and dad for not attempting to exercise visitation.

Thank you very much for your perspective.

I understand that I'm not to dictate where placement should occur, but if I knowingly allowed him to take them into an unsafe environment where there was drug activity, wouldn't I be neglecting my children's best interests? Wouldn't I be party to the crime?

 

[Isis1]

Thank you very much for your perspective.

I understand that I'm not to dictate where placement should occur, but if I knowingly allowed him to take them into an unsafe environment where there was drug activity, wouldn't I be neglecting my children's best interests? Wouldn't I be party to the crime?

how many times have you reported this drug activity?

 

[wileybunch]

Thank you very much for your perspective.

I understand that I'm not to dictate where placement should occur, but if I knowingly allowed him to take them into an unsafe environment where there was drug activity, wouldn't I be neglecting my children's best interests? Wouldn't I be party to the crime?

Well, apparently you did not understand you can't dictate and that's why LDij and everyone else has told you you can't unilaterally change a court's order.

If you know there's a crime in progress, why would you not report it?

If you want the terms of a court's order changed, you need to go back to that court to request the change.

 

[shechrissy]

how many times have you reported this drug activity?

The child welfare agency will only do a home inspection if the children go to the house, which they don't. Should I ask that a report be made anyway, even though I know there will not be an investigation? Am I to call the Sherriff department to report that I know people who do drugs?

 

[wileybunch]

The child welfare agency will only do a home inspection if the children go to the house, which they don't. Should I ask that a report be made anyway, even though I know there will not be an investigation? Am I to call the Sherriff department to report that I know people who do drugs?

Aside from whether or not your children have gone or do go to this house, you stated there is known drug activity going on there. Any police officer would take a report if you know there's a crime.