grounds for any other action? (it never ends)

[angeleyzad]

What is the name of your state? ME

I figured I'd start another post to ask this question - to make it fresh.

Anyway, I went to court last Friday, my ex filed contempt on me because I had us switch our weekend schedule, which was my interpretation of the court order we have. The judge we had was not our regular judge . This judge saw how I was interpreting the order , but felt that he was interpreting the order correctly , but he could not find me in contempt (no malicious disregard of the court order) . When the judge asked what relief he was seeking, all he asked for was attourney fees. The judge denied . That was that. If I need to, I will file a motion to clarify after getting a copy of the transcript from our hearing back in Dec. 06 where this provision was set. However, I may not need to - the ex may end up filing again on his own. This is the issue.

He contacted me this morning basically telling me that he's getting the kids again this weekend (he had them last weekend) to put us back on the schedule that this judge said that we should have been on. I responded to him that no relief was awarded, therefore the weekends do not change immediately (they will adjust after his summer vacation). He is trying to push the issue with me now...

So my question - would there be any grounds for him to file again? The contempt was denied, and no relief was awarded. He did not ask in court to change the weekends back immediately, only asked for his fees to be paid, which he now has to cover himself. Now he's wanting to change the weekends back, and is basically threatening me again (in his way). I do have events planned for many of my weekends between now and the middle of June, so it's not feasable for me to give in to him and just change weekends now.

Your thoughts?What is the name of your state?

 

[stealth2]

Honestly? Not a hill I would die on. I'd reschedule the bday party and skip the cub scout ball game.

 

[LdiJ]

I am going to play the devil's advocate and disagree with Stealth. He should have asked for that relief in court if that is what he wanted...plus you already have plans. I would be likely to stick with the current schedule.

It was appropriate that he took the issue to court since the two of you couldn't agree on the interpretation of the orders. However, I was very hostile to make it a contempt action.

However, Stealth isn't wrong that it may not be a hill worth dying on.

 

[moburkes]

You've got 2 threads going on this same topic. Stop it.
https://forum.freeadvice.com/showthread.php?p=1631798#post1631798

 

[angeleyzad]

You've got 2 threads going on this same topic. Stop it.
https://forum.freeadvice.com/showthread.php?p=1631798#post1631798

That other thread had gotten locked. That's why I started this.

 

[angeleyzad]

I am going to play the devil's advocate and disagree with Stealth. He should have asked for that relief in court if that is what he wanted...plus you already have plans. I would be likely to stick with the current schedule.

It was appropriate that he took the issue to court since the two of you couldn't agree on the interpretation of the orders. However, I was very hostile to make it a contempt action.

However, Stealth isn't wrong that it may not be a hill worth dying on.

Thanks, LdiJ. I'm in agreement that if relief in the way of swapping back to the other schedule was ordered, then fine, we would have swapped back. However, he did not even mention swapping back now in court, and both his lawyer and the judge had stated that eventually the weekends would revert to time shared with the extended families, and that we wouldn't be changing anything right now. The next adjustment would take place according to his interpretations. Which is fine with me, I'll go along with it, even though I know that if our regular judge had presided over the contempt hearing, the outcome (interpretation, not the finding of contempt)would have been different (since that judge knows what he ordered).

I don't think he has grounds for anything right now, as he no longer has grounds to file based on the adjustment after February vacation, since he already did that, and there is no order to swap back immediately, so there is nothing that I am going against.