Contempt???

[abstract99]

I have a few questions here.

THE BASICS:
- I am going to court to file contempt charges against my ex wife.
- I am filing the paperwork myself due to the fact that I cannot afford a lawyer at this time.
- The paperwork that I filed out is called "Cross Expedited Process Request to Enforce". Does anybody happen to know if this is correct?
- Does anybody here happen to know around how much it will cost to file 8 different charges for contempt?
- I live in a IL and I have to file in Az. Can I hire a paralegal in Az to file the paperwork in Az?
- Will the PL also be able to serve my ex?
- Does anybody know if I can file a seperate charge for contempt for every weekend that I am allowed to see the children?
- What are my chances of the judge having my ex have to pay for my court fees if she is found guilty?
- Has anybody done this... what are the chances of this going in my favor?
- Any help in this matter would be greatly appreciated.

CONTEMPT CHARGES:
the charges will be as follows:
1) Failure to allow visitation for the period of 5 July 2004 through 12 September 2004.
2) Failure to allow any visitation during the childrens Fall break from 25 September 2004 through 17 October 2004.
3) Failure to allow visitation from 6 November 2004 through 5 December 2004.
4) Failure to allow visitation visitation from17 December 2004 through 2 January 2005.
5) Failure to allow visitation from 3 June 2005 through 9 July 2005.
6) Failure to provide for half of the transportation for any of the scheduled visitation periods. Furthermore, mother refuses to provide for half of the plane tickets for the childrens upcoming summer vacation. (citing that she cannot afford them)
7) Mother left the state from 17 December 2004 through 2 January 2005. Mother failed to inform me as to fact that she was going. Mother also failed to inform me of where she was going and how to reach the children while they were gone. Mother actions did not allow me to talk to my children on Christmas day.
8) Failure to allow me to talk to my children on the phone from the period of 5 July 2004 through 2 January 2005. Since the period of 2 January 2005 I ahve been able to talk to the children but only if mother picks up the phone when I call. mother has stated via email that she will not return my calls until I pruchase her a phone card to do so. I am not required by any court order to do this.

 

[snostar]

Each and every occurrence of contempt is a separate and distinct charge of contempt. Extensive paperwork can really make judges unhappy, consider listing all of the violations in one petition. Be sure to include a copy of the current court order as as exhibit since you will be referrencing it.

 

[abstract99]

Does anybody know?

 

[bononos]

Does anybody know?

I have no clue, try reading through this.

http://www.superiorcourt.maricopa.gov/ssc/forms/word/dr12f.doc

It might help, and other counties are listed in Arizona in these pages as well.

 

[abstract99]

Each and every occurrence of contempt is a separate and distinct charge of contempt. Extensive paperwork can really make judges unhappy, consider listing all of the violations in one petition. Be sure to include a copy of the current court order as as exhibit since you will be referrencing it.

I was kinda worried about that. I am going to be going back to court in the summer for full custody. Mainly because the mother is refusing me visitation and it is greatly affecting my relationship with the children. Do you think bringing the charges down to less paperwork would look better on me? I would only be able to bring it down to 4 then.
1) The upcoming summer vacation
2) 1/2 of visitation
3) All periods of visitation up to now
4) Not being able to talk to my children on the phone.

Do you think it would be okay to leave it at 4 charges? DO you know how much that would cost me?

 

[abstract99]

I have no clue, try reading through this.

http://www.superiorcourt.maricopa.gov/ssc/forms/word/dr12f.doc

It might help, and other counties are listed in Arizona in these pages as well.

That one is for the court ordered parenting class. I took that class in 2000. I was thinking that this.... http://www.superiorcourt.maricopa.gov/ssc/forms/word/drese31f.doc
might be the one that I need to use. I am not too sure though

 

[abstract99]

Ok I found the correct paperwork and directions on how to fill them out and what to do with them when I have them filled out. I'm still wondering if ...
- I live in a IL and I have to file in Az. Can I hire a paralegal in Az to file the paperwork in Az?
- Will the PL also be able to serve my ex?
- What are my chances of the judge having my ex have to pay for my court fees if she is found guilty?
- Has anybody done this... what are the chances of this going in my favor?

Another question I have is.... Mother was awarded sole custody of the children in 2004. The parenting plan said that I had visitation every other weekend and every school break. I moved to IL in 2005. Would the prior court order stay in effect or would the prior one that stated that if both parents are living in seperate areas that I am supposed to have the children on all of their summer breaks?

 

[StpmomNchicago]

I was kinda worried about that. I am going to be going back to court in the summer for full custody. Mainly because the mother is refusing me visitation and it is greatly affecting my relationship with the children. Do you think bringing the charges down to less paperwork would look better on me? I would only be able to bring it down to 4 then.
1) The upcoming summer vacation
2) 1/2 of visitation
3) All periods of visitation up to now
4) Not being able to talk to my children on the phone.

Do you think it would be okay to leave it at 4 charges? DO you know how much that would cost me?

I would try to keep them all on one... It will still get the point across.

 

[LdiJ]

Ok I found the correct paperwork and directions on how to fill them out and what to do with them when I have them filled out. I'm still wondering if ...
- I live in a IL and I have to file in Az. Can I hire a paralegal in Az to file the paperwork in Az?
- Will the PL also be able to serve my ex?
- What are my chances of the judge having my ex have to pay for my court fees if she is found guilty?
- Has anybody done this... what are the chances of this going in my favor?

Another question I have is.... Mother was awarded sole custody of the children in 2004. The parenting plan said that I had visitation every other weekend and every school break. I moved to IL in 2005. Would the prior court order stay in effect or would the prior one that stated that if both parents are living in seperate areas that I am supposed to have the children on all of their summer breaks?

Oops......if you were the one who moved out of state that changes the entire nature of things.

You can forget about the transportation expenses...you moved...you created the distance...you are responsible for the transportation costs. No judge out there will punish mom for not sharing those expenses. Its not gonna happen so don't even try.

You also have no chance whatsoever at gaining custody....again, because you moved out of state.

You CAN get the mom held in contempt for denying visitation prior to your move...but its almost a "moot" point because the previous schedule is no longer workable anyway (unless you can afford to pay for flights for the kids every other weekend).

You need to concentrate on a new parenting schedule that takes the distance into consideration.

 

[stealth2]

A lot of what you're claiming really depends on what the current order says.

 

[snostar]

You can forget about the transportation expenses...you moved...you created the distance...you are responsible for the transportation costs. No judge out there will punish mom for not sharing those expenses. Its not gonna happen so don't even try.

Oh really?? Wish someone could have told my judge and my ex this!
It can happen and it does happen maybe not frequently but it is always a possiblity.

 

[LdiJ]

Oh really?? Wish someone could have told my judge and my ex this!
It can happen and it does happen maybe not frequently but it is always a possiblity.

He is trying to get her held in contempt for not paying. Yes, there are rare cases where the parent who did not create the distance is still ordered to share the costs....however the contempt isn't going to fly because he was the one who move...and because she hasn't be ordered to provide half of out of state transportation yet...and may never be ordered to do so.

 

[stealth2]

and because she hasn't be ordered to provide half of out of state transportation yet...and may never be ordered to do so.

But we don't know that, do we? Has he actually stated what the order requires?

 

[abstract99]

Oops......if you were the one who moved out of state that changes the entire nature of things.

You can forget about the transportation expenses...you moved...you created the distance...you are responsible for the transportation costs. No judge out there will punish mom for not sharing those expenses. Its not gonna happen so don't even try.

You also have no chance whatsoever at gaining custody....again, because you moved out of state.

You CAN get the mom held in contempt for denying visitation prior to your move...but its almost a "moot" point because the previous schedule is no longer workable anyway (unless you can afford to pay for flights for the kids every other weekend).

You need to concentrate on a new parenting schedule that takes the distance into consideration.

No our court order adresses the direct issue of reassignment. All 4 of the parents (step and bio) are either current military or prior military. I had to move here for military entitlement reasons. I would have lost my benefits otherwize. Because of the military thing we made sure that the reassignment thing was addressed in our parenting plan in case the situation arrose. The order very clearly states that both parents will split transportation costs evenly no matter the reason for the relocation. We did this because both parents have to constantly relocate so to keep us from having to go back to court every time we put it in the parenting plan. I already had permission to move by her signing to the prior court order. It simply states that I have to notify her of my new adress and phone number within 14 days of my move. Sorry, I guess I shouls have been more clear on the issue.

 

[abstract99]

Also... I'm not trying to get custody because I moved, I have other reasons behind it. It would really be way too complicated to go into all of it though. I am a little confused why I would not get custody just becasue I was the one to move. The mother was actually the first one to move, she moved out of the area the middle of last year.