Went To Court Yesterday For Contempt

[Buggaloo80]

What is the name of your state? North Carolina

Ok well we went and she was found in contempt!!!! She now has to meet us 1/2 way with the child this Sunday, and we get her for 15 days (we have to bring her back 3 days before school starts). Which sucks because originally we had her 36 DAYS!!

CP even brought her sister to lie in court and say not only did we send E-mail (which she conveniently did not have.....[bc it never existed]) saying we werent coming we even called her SISTER....So untrue. The judge said well I don't care he is in front me right now saying HE WANTS HIS VISITATION!!!! Then she tried the "I am nursing, I have a small baby at home I cant meet him half way," thing....Judge did not buy it. CP also tried to say the reason she never picked up letters was she was in hospital having baby (OK she had the kid April 1st, we sent the notices like April 25th, hospitals dont keep people THAT long....get REAL) Then her husband lies and says it take them 6 hours to drive to ATLANTA (lielielie), the judge said too bad make the drive!!!!!!

The CS reduction was denied because we did not have right paperwork (subpeona filed for CP's work records, paperwork never came).

BUT this is the bad part.....Judge said ONLY because NO paperwork had yet to be filed in AL for case, she wasnt changing venue. But she said when CP files, she will grant COV.

******************Question**************************
Can we file for COV in our county?? Or can Venue only be where the CHILD ACTUALLY resides?? Anyone know any good lawyers in ALABAMA?????

Well thanks everyone for the good lucks and prayers I think they came in handy, we just need to catch CP with contempt one more time before she files for COV in AL, which we think will not happen, she probably broke her neck to file the Motion this morning just to screw us. But thats ok we will just get new consel in AL and go from there!!!

Thanks Bugga

 

[frylover]

Hey bugga

I'm so glad for you and hubby that you will finally get to see his little girl. Hopefully in the end everything else will work out, too!

BTW, did any of that last fiasco come out in court?

 

[imxoz]

Good luck bugg, hanging in there does pay off, an after all its all about the children! Inch by inch, I feel a victory

 

[Buggaloo80]

Nope

well thanx!!! And no not hardly ANYTHING that CP had done in the past year was EVEN heard, but my husband was mad over that but like I told him, we still won our contempt and thats all that matters.

I see what he means though, we stayed up until 12:30 Sunday note combining our stuff and colaborating everything we needed for court and the judge saw not ONE BIT OF IT, except the original notice we sent CP for visitation???? We were like but what about ALLLLLLLLL this crap she has done to us, and our attn'y was like "its not impt, its not impt" but it is to US ya know?? Plus we feel like we could have gotten more done if she had seen or even heard everything.....See the thing was our attn'y was in another court room ALLLL morning long, the judge waited in her (bc she had us plus another case in there) and waited we took the AM break then the lunch break and she was kinda getting mad.....so finally our attn'y comes in and the judge wants to rush it so she can hurry up and go, and she did. Which was crappy but we WON!!!

Hopefully this is just one tiny step towards custody, OH yeah CP sat there and said "when my husband gets out of the ARMY we are permanently moving to TEXAS because thats where all HIS family is, We will never return to NC to live..." OK what about your other daughter???? What about the fact that all HER family lives in NC (paternal and maternal relatives) WHAT About what she might like, maybe SHE doesnt wanna live with YOU and ALL his family and ya'lls FOUR KIDS!! For goodness sake!!! CP takes the cake I swear!!!! We cant wait intul Sunday when we can see and talk to the child for the first time in MONTHS...We are too happy about that!!

Talk to you all later~!! Bugga

 

[kidoday]

Congratulations.

When my ex went for contempt against his contempt the witch brought in her mother who lied on the stand. He was found in contempt for, get this, the mother was a reliable witness". Ummm, the hag lied under oath. She lied and said that he wouldn't allow her to have sd on Mother's Day. Liar, liar, liar we even picked sd up at sisters house because they had a party for dear ole grandmother.

Anyway sorry to vent on your thread.

Glad to hear that you were able to get somewhere with the courts and will get to see sd.

 

[Buggaloo80]

Isnt it amazing what people will do??

It really did shock the sh*t outta us that she would have the gumption and oudacity to get up there and speak such lies. The she lied again saying the child was in Mississippi with her Sister...Ummmm LIAR all her sisters live in NC about 30 mins from where we went to court, the kid was there and we knew it just as well as CP, but she wasnt going to admit that then the judge say turn her over NOW! We knew she was capable of lieing, but on the stand in front of a judge?????? We see now she will stoop to any level, to try to look good, and cover her butt. I just don't see how her husband can sit back and let her do this mess, knowing when something happens between them (and oh belive me it will happen, she LOVES drama) she will do the same things to him with the 2 kids she has with him!! I have never seen this type of behavior, I mean do people not take "being under oath" serious these days?

And we were such Dumb A**es!!!! When she said we called her Sister in Mississippi we HAD ALL our phone records, I told my husband on the way home, we should have been like BAM!! Heres our records please point out the call we made to your Sister in Miss????? Ummm yeah thats what we thought!!!! God if we had it to re-do over again, I really think her tail would be in a jail cell!!!!

But hey we learned from our mistakes this time!!!

Thanks!

Bugga

 

[ktarra617]

no I don't believe that everyone takes the under oath part seriuosly if they did the CP in our case would have had her stories straight with her fiance....they testified to very different things not that it mattered in the long run anyway, she still kept custody of the child and got more of our money.....


its just sick the way the system is....

 

[coolmomof4]

bugaloo

where are you in NC? We live a ittle north of atlanta and used to live in Cary, NC. That takes 6 hours. Just wondering.

 

[Buggaloo80]

NC

Coolmom, we live in Gaston County, it is at the bottom of NC, right beside Charlotte, it takes us about 3 hours to get to Atlanta depending on traffic and what time we leave. I think I know where Cary is, up by the mountains???? Bugga

 

[Boxcarbill]

Re: Nope

well thanx!!! And no not hardly ANYTHING that CP had done in the past year was EVEN heard, but my husband was mad over that but like I told him, we still won our contempt and thats all that matters.

I see what he means though, we stayed up until 12:30 Sunday note combining our stuff and colaborating everything we needed for court and the judge saw not ONE BIT OF IT, except the original notice we sent CP for visitation???? We were like but what about ALLLLLLLLL this crap she has done to us, and our attn'y was like "its not impt, its not impt" but it is to US ya know?? Plus we feel like we could have gotten more done if she had seen or even heard everything.....See the thing was our attn'y was in another court room ALLLL morning long, the judge waited in her (bc she had us plus another case in there) and waited we took the AM break then the lunch break and she was kinda getting mad.....so finally our attn'y comes in and the judge wants to rush it so she can hurry up and go, and she did. Which was crappy but we WON!!!

Hopefully this is just one tiny step towards custody, OH yeah CP sat there and said "when my husband gets out of the ARMY we are permanently moving to TEXAS because thats where all HIS family is, We will never return to NC to live..." OK what about your other daughter???? What about the fact that all HER family lives in NC (paternal and maternal relatives) WHAT About what she might like, maybe SHE doesnt wanna live with YOU and ALL his family and ya'lls FOUR KIDS!! For goodness sake!!! CP takes the cake I swear!!!! We cant wait intul Sunday when we can see and talk to the child for the first time in MONTHS...We are too happy about that!!

Talk to you all later~!! Bugga

Actually it wouldn't have made any difference if your attorney had been waiting all morning on the Judge or no one had been waiting. Judges are not going to sit there and wade through a mountain of tapes and papers to satisfy the needs of the parties to vent. I have tried to say this in every way that I know how: take the best most persuasive material on the particular issue in dispute into the courtroom. The Judge is not going to read or sit while someone else reads a transcript of telephone call or a transcript of a running account of every failures to. . . . The rules of evidence provide for the exclusion of repetitive, cumulative evidence and it is excluded. It is a waste of judicial time.

And to answer your question: A change of venue based upon inconvenient forum under the UCCJEA is on the basis that a court of another state is a more appropriate forum to determine custody issues--that is the home state of the child.

 

[Buggaloo80]

BCB Huh???

Boxcarbill, I know I probably sound dumb but HUH???

And to answer your question: A change of venue based upon inconvenient forum under the UCCJEA is on the basis that a court of another state is a more appropriate forum to determine custody issues--that is the home state of the child.

So does that mean we CAN file for COV here or it HAS to be changed to the child's home state????

Also, I knew what you were saying but I could not get it through my husband's head that we ONLY needed what was most imp't or most incriminating......Right? But hey we won!

Also, one more thing, when she does get here, usually after a few days she starts to "warm up" and telling things....like "my mommy says yall dont love me, I dont like living there with all those babies, Mommy makes me call Erick Daddy,my mommy says not to tell you stuff...." Things like this, should we document this or secretly record her saying this or take her to see as counsler like Mamadi did with her Step-Kids...which is better??? I mean we ONLY have 15 days we are not going to spend them asking question after question as our time is limited, but we have a feeling she is going to have a lot to say to us (she may only be 9 but she is smart as a whip...like last time she told us...Mommy unplugs the answering machine sometimes and I know that is when you are trying to call me!!!)...so we would like to be prepared!!!

Thanks! Bugga

 

[Grace_Adler]

Congrats bugga. That is good news.

Oh yeah, Cary is on the western side of Raleigh, which is an hour 1/2 from me. So it's kind of in the middle of the state. As for me, I'm over in Eastern Carolina right between Raleigh and Atlantic Beach.

 

[Boxcarbill]

Re: BCB Huh???

Boxcarbill, I know I probably sound dumb but HUH???



So does that mean we CAN file for COV here or it HAS to be changed to the child's home state????

Also, I knew what you were saying but I could not get it through my husband's head that we ONLY needed what was most imp't or most incriminating......Right? But hey we won!

Also, one more thing, when she does get here, usually after a few days she starts to "warm up" and telling things....like "my mommy says yall dont love me, I dont like living there with all those babies, Mommy makes me call Erick Daddy,my mommy says not to tell you stuff...." Things like this, should we document this or secretly record her saying this or take her to see as counsler like Mamadi did with her Step-Kids...which is better??? I mean we ONLY have 15 days we are not going to spend them asking question after question as our time is limited, but we have a feeling she is going to have a lot to say to us (she may only be 9 but she is smart as a whip...like last time she told us...Mommy unplugs the answering machine sometimes and I know that is when you are trying to call me!!!)...so we would like to be prepared!!!

Thanks! Bugga

If jurisdiction is changed it has to be to the homestate of the child. I have responded ad infinitum ad nauseam to the question of taking a child to a psychologist and the admissibility of the testimony, etc.. Use the "search this forum" for the topic: "child psychologist" or "expert witness." The post will be in the last 60 days.

 

[fried eggs]

Re: BCB Huh???

So does that mean we CAN file for COV here or it HAS to be changed to the child's home state????

It has to be changed to the child's home state. Or, rather, it doesn't have to be changed anywhere, but it is the only place the jurisdiction is likely to be changed to.

 

[coolmomof4]

Re: NC

Coolmom, we live in Gaston County, it is at the bottom of NC, right beside Charlotte, it takes us about 3 hours to get to Atlanta depending on traffic and what time we leave. I think I know where Cary is, up by the mountains???? Bugga

Oh okay. I gotcha. Cary is just outside of Raleigh. 6 hours from there.