Here is our problem... My husband and I have been going round an round with his ex since the last time she took us to court and we won joint custody of his daughter. She keeps, keeping the child from us, sometimes for weeks at a time!! Each time our lawyer finally sends her a pretty nasty letter and she finally lets us have her back, but this time that isn't working, and this is the second time she has pulled this crap this year!! We've had enough!! We tried just going over when it was our time to get her, and pick her up, but the cops wouldn't help us, they didn't want in the middle... So the only other thing I can figure to make her finally stop, is to press contempt of court (because she is!!) And see if maybe jail time will finally make her see we are not going to do this anymore and scare her enough to stop it!! She is just hurting Hope and thats not fair!! Thanks for any help!!
2007-06-22 08:25:51 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Contempt of court is a charge brought by the judge, not you. Your lawyer needs to inform the judge that made the ruling of the woman's actions, then the judge decides if indeed she is in contempt of court. He then has to determine the punishment if any that he will elect to give her, it then becomes the job of law enforcement to see that the ruling is carried out.
2007-06-22 08:36:31 · answer #1 · answered by essentiallysolo 7 · 1⤊ 0⤋
Only a judge can charge contempt of court. Your attorney would have told you that if you had asked. Take her back to court, inform the judge that she is ignoring the joint custody order, have your attorney testify that this is indeed the case and maybe something will happen.
2007-06-22 08:34:08 · answer #2 · answered by Anonymous · 1⤊ 0⤋
A lawyer needs to do it. You should maintain documented records that show proof of her repeated "contempt of court" activities. If she is behaving in any manner that is detrimental to the child, you may have reasonable cause to request custody. Sorry about the high cost of legal fees, but that is a consequence of divorce.
2007-06-22 08:44:01 · answer #3 · answered by Anonymous · 0⤊ 0⤋
In all family law situations, it is best to have a lawyer handle it for you. This is not an area to go into unrepresented. I imagine that you had a lawyer help you already, and that he or she is therefore familiar with the facts of your case. I know it'll cost you something, but isn't it worth it?
2007-06-22 08:32:54 · answer #4 · answered by Anonymous · 1⤊ 1⤋
1) No you can't
2) no your lawyer can't
3) Your lawyer can file petition for non-compliance and the judge can hold her in contempt of his court.
2007-06-22 08:36:42 · answer #5 · answered by Anonymous · 1⤊ 0⤋
If this keeps on happining than that's a big problem you should contempt charges. RIGHT AWAY!!!!!!!!!!!!!!!!!!!!!!!!!
2007-06-22 08:37:47 · answer #6 · answered by Melissa f 1 · 0⤊ 0⤋