Contempt of order

[SoCalDad]

Jurisdiction

California

Case background:
6yo child, order as of Feb 2021
Current custody based on 3111 evaluation; 4 nights with me, 3 nights with mother.
All communication via talking parents.

History and documentation of alienation, manipulation, discussions with child regarding visitation and court proceedings (mothers end). Past restraining order on mom due to physical violence 2017. Not allowing two minimum calls per week, only one, stating "I can wait to talk with child on my time".

Untruthful about work days/hours (self employed), fraudulent and inconsistent filings with court regarding financial during term of divorce case.

Mother filed for modification in Feb 2022 because "she wants to spend more time with child and can due to work schedule" no change in circumstances. Has attorney. Court date 8/31

Issue at hand:
Approx two weeks ago I provided a 30 day notice (per order) that I'd be taking our child for 2 week vacation prior to school starting. Mother responded two hours later stating she is also providing 30 day notice for same dates. Went back and forth, Mother stated that she then suggests she take child for her two week vacation within two weeks. Multiple times I advised it would be against order to do so. Two days prior doing so, Mother provided notice she IS taking child on two week vacation out of state, once again advised against defering to order. Today learned she went through with it when I went to pick up child at mom's house. After several attempts to contacting her, two hours later responded stating she is on said two week vacation. Added that I can contact her lawyer if I had a problem with it. Called police to file a report.

Note: Last year I provided a 28 day notice for the two week vacation which Mother declined stating its not a full 30 day notice per court order. Two weeks later I stated I'd like to still take vacation minus two days, Mother declined stating its a new request providing only two week notice which does not comply with order. Mother also stated that she would not allow the vacation because it would not allow her to take one with child either. Child did not have two week vacation with neither parent.

 

[army judge]

I suggest you consult your attorney.

 

[adjusterjack]

Bet he doesn't have one.

 

[Zigner]

Bet he doesn't have one.

Well...she does, so if he doesn't, then he's going to a gun fight with a handful of Twizzlers.

 

[SoCalDad]

Thanks everyone for your responses. It is correct - I have not yet retained counsel due to the fact that I was going to represent myself for the modification as there being no change in circumstances disclosed in the opposing party's declaration. Now, with mom taking off against court order I am most likely going to retain an attorney but wanted to ask for your opinions in course of action that should be taken. So far, from my calls to several offices, I am being told that it will most likely be a slap on the hand for the mom this time around, and if it continued, there may be other ramifications. Mothers request to modify custody are strictly "I want" and not backed by any changes in circumstances which would benefit change of order for the wellbeing of our child. Additionally, our 26 hour 3111 is only about a year and a half old, and perfectly reflects mothers personality traits, such as taking off with our daughter against court order.

 

[army judge]

Thanks everyone for your responses. It is correct - I have not yet retained counsel due to the fact that I was going to represent myself for the modification as there being no change in circumstances disclosed in the opposing party's declaration. Now, with mom taking off against court order I am most likely going to retain an attorney but wanted to ask for your opinions in course of action that should be taken. So far, from my calls to several offices, I am being told that it will most likely be a slap on the hand for the mom this time around, and if it continued, there may be other ramifications. Mothers request to modify custody are strictly "I want" and not backed by any changes in circumstances which would benefit change of order for the wellbeing of our child. Additionally, our 26 hour 3111 is only about a year and a half old, and perfectly reflects mothers personality traits, such as taking off with our daughter against court order.

One should be very cautious with the person they choose to inseminate, or be inseminated.

Sadly, once the deed has been done and the child is born, it is too late to deliberate.

I wish you all the best as you progress and endeavor to improve as a father.

 

[SoCalDad]

Thank you for your kind words, although I have been told I am a wonderful father by many people, even strangers, and that both my daughter and I are lucky to be in each other's lives. Of course, being a parent is an ongoing learning experience thus this is what you may be referring to by "improving as a father". Thank you for your comments regarding my legal matters.

One should be very cautious with the person they choose to inseminate, or be inseminated.

Sadly, once the deed has been done and the child is born, it is too late to deliberate.

I wish you all the best as you progress and endeavor to improve as a father.

 

[army judge]

Of course, being a parent is an ongoing learning experience thus this is what you may be referring to by "improving as a father".

That's precisely what I meant.

I'm a father, grandfather, great-grandfather, great-great-grandfather, uncle, great-uncle, too.

I've become better at all of those roles, including husband.

It was an incremental process for me.

I was somewhat lucky for having the greatest parents, grandparents, and elder adult members of my family tribe.

Life is no cakewalk.

Its a day by day, hour by hour process, with plenty of surprises and disappointments all the time.

That said, one day you'll see a little girl, shed her childhood cocoon and become responsible adult.

That's the day you can smile inside, grin a little outside, and ask yourself; was I responsible for that?

After decades, I'm still learning and improving my parenting craft.

I've enjoyed every incident and episode of it.

Its especially fulfilling and heartwarming when a child recognizes all that you did to assist her/him on the journey to adulthood.