Contempt question

[2girls2007]

What would be the punishment if the cp was found guilty of contempt for this situation? The child is not allowed to be unsupervised with a member of her family. The ncp has proof (video and testimony from a private investigator) that it does happen regulary once a week in between school and the mother getting off of work. What would be the punishment?

 

[CdwJava]

The punishment depends on the type of order and the law in your un-named state. Very often this might simply result in a loss of custody by the custodial parent ... though that may not automatically equate to granting custody to the NCP.

If you are looking for criminal prosecution, that might be possible but it is unlikely absent some egregious circumstances that put the child(ren) at great risk.

Provide the information to your attorney and let him bring it up at court.

- Carl

 

[2girls2007]

Thank you for getting back to me. The state is Ohio. I don't think it would be criminal. The cp has been found guilty of contempt once already (for visitation), and it should be purged here shortly for following everything she had to do ordered by the judge. Although, for the days to be made up, the judge had to sign an order forcing her to follow his order. The attorney and GAL know about the unsupervised visitation, but the GAL has not done anything about it. So, we are waiting for a report that she is supposedly doing (supposed to be a 6 month review... about a year too late...) and then the ncp is filing for contempt. Just wondering what the punishment would be for that when the punishment for missed visitation is making up visitation time.

 

[2girls2007]

And for the record, the GAL is the one who recommended that the child should not have unsupervised visitation with this person for his considerable arrests and what not. It was included in the court order.

 

[CdwJava]

I am not familiar with Ohio law in this area, so you had best stand by for someone else who might have the answer, or consider speaking to a local attorney to discover what might be common for this particular circumstance.

- Carl