my ex-wife repeatedly ignores our "first right of refusal" order in our dissolution. Simply put, if one of us cannot be with our children on our allotted time(50/50 shared parenting), we have to allow the other one to be with them...it is contempt of a court order,but will the court do anything about it?
2007-03-10 13:56:13 · 2 answers · asked by waterboy 3 in Politics & Government ➔ Law Enforcement & Police
c`mon....anyone?
2007-03-10 17:06:14 · update #1
Contempt of Court in Ohio is a first degree misdemeanor. Maximum penalty is 6 months in jail and $1,000 fine.
Now for the bad news. A family court judge will likely just say, "Don't do that again." One thing you may be able to get, when you file the contempt to get the matter addressed your attorney can petition for her to have to pay your attorney's fees for the action. It's up to the judge whether this is done.
If she is made to pay both attorneys for going to court she will likely think twice next time.
good luck, it's a never ending battle until the child turns 18; I feel your pain.
2007-03-14 11:07:09 · answer #1 · answered by Kevin 6 · 1⤊ 0⤋
Fine and potentially imprisonment. Imprisonment is pretty unlikely, but the fine could be around $1000. Imprisonment would be for as long as it takes for her to promise to obey the court, which will shorten it a lot, possibly to a minimum of 1 day, but it's really unlikely.
If you complain to the court, the real solution that you're likely to get is that the judge will admonish her again and will figure out potentially more creative solutions for possible future transgressions, like maybe adjusting the time share (giving you more).
2007-03-12 20:41:41 · answer #2 · answered by Doc Cohen 3 · 1⤊ 0⤋