In Contempt Of Court Order?

[TimTJT]

I have full custody and the court papers say that mom needs to have flight booked no less then six weeks prior to any trip for visitation. Mom left message on my phone and saying might not be able to afford flight. After realizing that the court papers say six weeks, I made other plans because mom has been completely unreliable numerous times. Mom claims we had an agreement where she would book the flight on 11/21 via email and I never commited to any arrangement. I have emails where she admits that the papers do say six weeks (after she went and checked) and that it is my call. I also have an email where she claims she is moving on and will see him at Spring Break.

Now mom is coming back saying that she is booking his flight today and if he is not on the plane then I am in contempt and we are going back to court.

Upon realizing the wording in the papers, I gave my son the option of going to his mom's (I am not holding him back), or going to Colorado to see his grand parents and he choose Colorado without even thinking about it. The flight to Colorado is now booked.

Am I in any trouble if I don't send my son to see his mom's over Christmas?

Please let me know if you need more info. Thank you!

 

[WhirledPeas]

Where were the custody papers drawn up? Your state or mom's state? She'd be more likely to actually file for contempt if she can go down to her local courthouse vs fly to yours.

I'd send an email saying something like, sorry there was confusion but as we discussed (quote yourself and her as necessary) I made other plans when you said you couldn't make it. Let's see when the next time would work...

Make sure your notes sound cooperative as she's probably going to take them into court if she actually does file. Would this be the first time she's filed for contempt?

 

[TimTJT]

The order was done in AZ. where she lives so she can go right in I suppose.

Emails to her at this point I think are not going to do any good. She has a short fuse and likes to try to take cheap, personal attacks that have nothing to do with the situation (I save all of her emails).

I've never been in contempt before so she's had no reason to file before. She threatens court anytime she doesn't like what I have to say. The thing about it is, she lost bad in court the last time and likely would again. Last time, after only about ten minutes of the hearing, the judge looked her in her face as she was speaking and said "I'm not giving you any custody". Since then, my son continues to make huge strides (straight A's, no trouble, heavy into hockey here in MN. and does very well, etc.). Bottom line is he is happy and succeeding and mom can't stand that I have him (I've had him since he was about nine months old - he's going on twelve years old now).

Bottom line, I put this wording in the court papers on purpose for this very reason. I can't be sitting around with the holidays coming up waiting to see if she is going to come through. She has canceled or not come through so many times before so I felt like this was necessary.

So if I don't send him there am I in trouble even if the papers say that she had to do this six weeks in advance? If so, what can happen if I am in contempt?

Thanks for your help!!