Violation of Court order

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Robjustrob

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The order which stipulates custody the arrangement between my ex-wife and I has given me weekend custody. I went to pick up my daughter this weekend as usual and found nobody was home. My ex along with her meddling parents had taken my child to the beach without consent from me. This wasn't the first time. She did it last year citing "some confusion in her understanding of the custody outline."
Can I get a judge to issue some form of custody violation such that my ex-wife would either be served with a summons to appear before the court to answer for this violation or perhaps be arrested? Her parents are party to this as well. They know full well the weekend is mine and yet they aid and abet in their daughter's flouting the law.
Chapert 10, article 14 of the NC general statutes describes what she has done as a class F felony abduction. What about that? Can I have them charged?
 
Robjustrob said:
The order which stipulates custody the arrangement between my ex-wife and I has given me weekend custody. I went to pick up my daughter this weekend as usual and found nobody was home. My ex along with her meddling parents had taken my child to the beach without consent from me. This wasn't the first time. She did it last year citing "some confusion in her understanding of the custody outline."
Can I get a judge to issue some form of custody violation such that my ex-wife would either be served with a summons to appear before the court to answer for this violation or perhaps be arrested? Her parents are party to this as well. They know full well the weekend is mine and yet they aid and abet in their daughter's flouting the law.
Chapert 10, article 14 of the NC general statutes describes what she has done as a class F felony abduction. What about that? Can I have them charged?
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On Monday go and file a motion to show cause for contempt of the court order.

This is NOT an abduction and NO you can';t have them charged.
 
What a shame!!!
I go through the same thing all the time. Sometimes a day here and a day there. And sometimes the whole weekend like your saying.
I filed for contempt of court also. I hope it works out for the both of us.
I believe that lousy moms outway "dead-beat dads" 3 to 1.
What a shame!
Good luck sir
 
Violation of court order/contempt

Yes, my attorney told me no court in the state would treat this as an abduction. However, there are no stipulations in the court order regarding vacations. There is no ambiguity lending to an air of confusion here about who has my daughter when. It is very simply stated that I have custody on weekends. The ex-wife has the lion's share 5 and 6 days a week alternately. There is no wording on vacation allocations. The weekends are mine.

And she did it. She took my daughter away from me last weekend even though my attorney told her attorney that there were to be no modifications to the existing order to convenience the vacation goers. They could have modified their vacation plans but instead, they took advantage of me. My ex's attorney turned around and told her to go ahead and take my child against my wishes. Yes - he told her to violate the order, and that he would manage damage control. So THAT is how the law works - screw the husband, screw the order, we'll do a work-around and wag the dog.

My attorney said he'd file a motion for contempt of court, but with the caveate that the judge in all likelihoood will blow it off. He said that, yes, they will remedy the inconvenience to me by throwing me some meager scrap of extra custody time as recompense. Can I expect the same leniency if I decide to take a few extra days without my ex's permission so I can do a week-long trip to go visit my daughter's grandmother whom she rarely gets to see? Can I parlay the same mealy-mouthed offering of extra time to make up? No. It just doesn't work that way for husbands and we all know it. I'd be in jail so fast for abduction it'd break the sound barrier.

And my ex intends to keep my daughter all of this upcoming weekend as well. Again, in flagrant violation of the court order. And I'm supposed to sit still and shut up and take it. That's what you call justice?

There is no confusion. There is only what is written in black and white and that order is being ignored for the convenience of my ex and her meddling parents. And they are culpable, too.

I'm alone in this. Lex non curat.
 
Robjustrob said:
Yes, my attorney told me no court in the state would treat this as an abduction. However, there are no stipulations in the court order regarding vacations. There is no ambiguity lending to an air of confusion here about who has my daughter when. It is very simply stated that I have custody on weekends. The ex-wife has the lion's share 5 and 6 days a week alternately. There is no wording on vacation allocations. The weekends are mine.

And she did it. She took my daughter away from me last weekend even though my attorney told her attorney that there were to be no modifications to the existing order to convenience the vacation goers. They could have modified their vacation plans but instead, they took advantage of me. My ex's attorney turned around and told her to go ahead and take my child against my wishes. Yes - he told her to violate the order, and that he would manage damage control. So THAT is how the law works - screw the husband, screw the order, we'll do a work-around and wag the dog.

My attorney said he'd file a motion for contempt of court, but with the caveate that the judge in all likelihoood will blow it off. He said that, yes, they will remedy the inconvenience to me by throwing me some meager scrap of extra custody time as recompense. Can I expect the same leniency if I decide to take a few extra days without my ex's permission so I can do a week-long trip to go visit my daughter's grandmother whom she rarely gets to see? Can I parlay the same mealy-mouthed offering of extra time to make up? No. It just doesn't work that way for husbands and we all know it. I'd be in jail so fast for abduction it'd break the sound barrier.

And my ex intends to keep my daughter all of this upcoming weekend as well. Again, in flagrant violation of the court order. And I'm supposed to sit still and shut up and take it. That's what you call justice?

There is no confusion. There is only what is written in black and white and that order is being ignored for the convenience of my ex and her meddling parents. And they are culpable, too.

I'm alone in this. Lex non curat.
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Wow. That's some big anger issues you have there.

The reality is that your existing order stinks. It should allow for BOTH of you to have a week or two uninterrupted time to vacation with your child. It should also allow for Mom to have a weekend with her children. That would be reasonable.

The likely outcome of a contempt motion will be a revision of the existing order to allow for vacations. And the will be a good thing for both of you. Really.

And, on a personal note, you might want to seek some help for your extreme anger that you have for your ex and her parents. This can't be healthy for your child/ren to witness and could irrevocably harm your relationship with them. This is not meant as a dig but with the best of intentions...

Good luck and I hope you and your ex can set aside your differences for the sake of your child.
 
He don't have anger problems!! Let him see his daughter when he is supposed to and everything will be alright! NCP don't pay child support and they go through the reamer! CP don't hold up to their end of the deal and "oh be nice" she needs time with the kids too. BS, it only gets worse! Nip it in the bud now! I've been dealing w/it for 5 years now. Being flexible on your weekends will not help your cause. Set her straight now.
That's funny, a man gets mad because he is denied his visitation and he has anger issues. THAT'S CRAP!!!
 
naz52 said:
He don't have anger problems!! Let him see his daughter when he is supposed to and everything will be alright! NCP don't pay child support and they go through the reamer! CP don't hold up to their end of the deal and "oh be nice" she needs time with the kids too. BS, it only gets worse! Nip it in the bud now! I've been dealing w/it for 5 years now. Being flexible on your weekends will not help your cause. Set her straight now.
That's funny, a man gets mad because he is denied his visitation and he has anger issues. THAT'S CRAP!!!
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The child deserves vacation time with BOTH parents and I agree, you need a custody modification so that you both can have time with your daughter. She deserves time away with both parents and your attorney should be going for that.

Naz, you sound like you have anger issues as well. That can't be good if your child(ren) can see it so I hope you can spend time with your kids without all the anger showing through. The most important part here is the child, and she needs to know and love both parents, and not be withheld and not exposed to toxic verbal bashing by either one.

OP you have a right to spend vacation time with your daughter and that should be your emphasis in court, not filing contempt charges, you need equal time,and that should be your focus. Your ex should be able to spend a weekend once in a while with your daughter as well, perhaps you can offer that as a bargaining chip in negotiations, give her a weekend a month if you can have one or two weeks vacation in the summer. You sound like a good Dad who wants to spend some quality time with his child and a vacation is a great way to get away even if you spend it at home relaxing with your child
 
naz52 said:
He don't have anger problems!! Let him see his daughter when he is supposed to and everything will be alright! NCP don't pay child support and they go through the reamer! CP don't hold up to their end of the deal and "oh be nice" she needs time with the kids too. BS, it only gets worse! Nip it in the bud now! I've been dealing w/it for 5 years now. Being flexible on your weekends will not help your cause. Set her straight now.
That's funny, a man gets mad because he is denied his visitation and he has anger issues. THAT'S CRAP!!!
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There is nothing even legally relevant in your post. Please "google" the state visitation guideline for the OP's state along with relevant case law. His position, and yours as well, is counterproductive to those statutes and case law.

This is a legal site. There are other sites that you might find sympathy from such as: www.poorme.com
 
Legally relevant? Whatever, take her to court! Theirs your legal advise! She deservies it, she thinks position is 9/10 of the law and can do whatever she wants, even worse without even calling and letting you know hey I'm doing what I want and your not getting your daughter this weekend. THAT'S WRONG and if shes doing it now she will keep doing it. I do however agree that both parents should have as much visitation with their child as possible but shs see their daughter a lot more than the he does. And without calling, again that's just wrong and selfish
 
It sounds to me that these women don't have what is in the best interest for the child because if they did they would want their father to have a relationship with the child... PERIOD!
And also.. ANGER ISSUES.... Sounds to me that you haven't had to fight to see your child on a regular basis..
 
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rerply

She took my daughter away from me last weekend even though my attorney told her attorney that there were to be no modifications to the existing order to convenience the vacation goers. They could have modified their vacation plans but instead, they took advantage of me.
 
jackey said:
She took my daughter away from me last weekend even though my attorney told her attorney that there were to be no modifications to the existing order to convenience the vacation goers. They could have modified their vacation plans but instead, they took advantage of me.
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Who are you? Are you the original poster under a different user name? Or are you hijacking someone else's thread?
 
KellieN said:
It sounds to me that these women don't have what is in the best interest for the child because if they did they would want their father to have a relationship with the child... PERIOD!
And also.. ANGER ISSUES.... Sounds to me that you haven't had to fight to see your child on a regular basis..
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I suggest you read the posting history. And my post is LEGALLY CORRECT. And the whole "anger" thing will only hurt the child. Period. And since you have absolutely no clue what I have had to fight for in my life, please keep your assumptions to yourself.

BOTH parents deserve to have 2 weeks of vacation time with the child. This is also important for said child. The current CO stinks. PERIOD.
 
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