ATTORNEYS, is it possible to bring contempt of court charges against ex-spouse who doesn't allow phone calls..

Question

to my son when it is spelled out in the custody documents that I am allowed to speak with my son by phone 15 minutes every day? Also, he does not inform me or allow me the opportunity to attend doctor appointments. He does not consult with me prior to signing him up for extra-curricular activities. All of these are clearly stated in our custody papers that he is to do. Many, many things he is in contempt of court for. Is there any recourse? We have joint legal & physical custody & we share an almost 50/50 time arrangement if that helps.

Answer 1

Yes, this does not require much explanation. Everything you have stated is sufficient for contempt of court. The Motion is titled "Motion for Order to Show Cause." The Motion then lists the facts you put in your question. This is sufficient for contempt of court.

Answer 2

It would be in "contempt of a court order" (not "court") and it would be up to the judge to decide. You would have to go file a complaint first. You might want to call the attorney that handled your custody case and find out what specific steps YOU need to take to drag him back into court.

Answer 3

Talk to a lawyer. Persistently violating the agreement may be grounds to get the situation re-opened. (But don't hold your breath.)

The most obvious thing is to start keeping a journal. Every time he fails to do something - permit calls, doesn't pack the kid's lunch, doesn't drop him off on time, any negative things the kid says about the other home life... Especially incidents where the kid tells you dad's bad-mouthing you to him. That's creating an unhealthy emotional environment... Write it all down- time, date, what you tried to do, what he said, etc.

Also log any details of any situation where he claims you started a problem.

Courts dislike "he's always doing this" allegations. they like specifics - "he didn't allow me to do the following on the 12th, 13th, 15th and 20th; then again on the 22nd, 23rd. I called and he replied this. His excuse was this. etc. In total, of 34 calls the last month, he refused to let me talk 28 times". (So be sure to log the successful calls too.)

Don't tell him you're doing it, don't wave it in his face or threaten - just collect facts.

Be sure to log it all exactly. For example, if he tells you 6PM is a bad time, ask what a good time is. Log his answer. Try calling then instead. Show that you're the one trying to be accomodating, you're not just always trying to drag junior away right in the middle of dad's "quality time".

After all, why do you think Alec Baldwin blew his top? Mama would tell the daughter not to talk with him; the daughter would refuse to come to the phone. An 11-yo may or may not be independent enough to tell mom to off, but as a dad that arranged a specific weird time to call (due to time zones and shooting schedules) I could see it being frustrating enough to blow his stack. And then, of course, mom's lawyers leaked it to the media making him look even worse.

PS. Don't try that. He deliberately left it on an answering machine - dumb!! Most states have laws against taping conversations that the other side assumes to be private. it's the quickest way to get your case thrown out of court, and your buttt in jail depending on your state. (They contemplated throwing Linda Tripp in jail for taping Monica Lewinsky...) OTOH There's nothing wrong with having someone who knows shorthand on the other extension to write it verbatim.

Answer 4

examine with the court docket to make certain no remember if he can purely document a variety of a few varieties. Please, do no longer call THE choose. It relatively pisses a number of them off. they're incredibly busy as that's. call the clerk's workplace first. whether you are able to routinely want an lawyer, you are able to continually proceed professional se, meaning with out an lawyer, yet you are able to desire to petition the court docket to take action. It should not be a project even with the undeniable fact that.

Answer 5

File a motion to show cause for violating the parenting agreement. If he gets served with the show cause and still doesn't comply, then he can be found in contempt.

Answer 6

Yes why not? Talk to your attorney and file a complaint.