Who is in contempt mother of father?

[princesstrish61]

Ok I am going to give you the story below as an unbiased scenerio please tell me who is in contempt?


My boyfriends sons mother took him to court to make it so i could not be around the child. However that is not what happen. due to the mother feeling uncomfortable in my pressence...so she says....the court ordered that I shall not be present during drop offs and pick ups. My boyfriend does not have his own vehicle and we live 20 minutes up the highway. At the time he picks his son up I have to drop my son off with his father in the same city. so on the day he was going to pick up his son I parked across the st in the parking lot for the dentist office. I was in sight. she got all upset and has not given my boyfriend his son for 3 1/2 weeks. Not on christmas or anything. not even the decency to pick up the phone in the last 3 1/2 weeks. He is 5 years old and she has kept him out of school on the days my boyfriend is supposed to pick him up. who is in contempt. we did violate the agreement by me being in sight during the pick up but we found it was a unneeded stupulation and the fact that we share a car and its only to make the mother comfortable not the best interest of the child that it shouldnt even had been in there. Also is it up to her to dtop visistation on something so minor? and to not let him be with us on christmas day at all?

 

[Duranie]

You and BF are in contempt if you were present during pick up/frop off. Dad needs to make some sort of arrangement to pick up child without you present. Just because BF is in contempt once, does not mean mom get to without visits. Dad needs to file contempt on mom for withholding visits. He should get an attorney.

 

[Scooterdog]

Ok I am going to give you the story below as an unbiased scenerio please tell me who is in contempt?


My boyfriends sons mother took him to court to make it so i could not be around the child. However that is not what happen. due to the mother feeling uncomfortable in my pressence...so she says....the court ordered that I shall not be present during drop offs and pick ups. My boyfriend does not have his own vehicle and we live 20 minutes up the highway. At the time he picks his son up I have to drop my son off with his father in the same city. so on the day he was going to pick up his son I parked across the st in the parking lot for the dentist office. I was in sight. she got all upset and has not given my boyfriend his son for 3 1/2 weeks. Not on christmas or anything. not even the decency to pick up the phone in the last 3 1/2 weeks. He is 5 years old and she has kept him out of school on the days my boyfriend is supposed to pick him up. who is in contempt. we did violate the agreement by me being in sight during the pick up but we found it was a unneeded stupulation and the fact that we share a car and its only to make the mother comfortable not the best interest of the child that it shouldnt even had been in there. Also is it up to her to dtop visistation on something so minor? and to not let him be with us on christmas day at all?

You're all in contempt lol. Although the mother has done alot of things, deny visitation, keep the child out of school, if you continue to violate the order, there isn't alot your bf can do. The clean hands doctorine applies here.

Stop violating the order. Go shopping or something while he picks up his son. Then, if she contunues with this type of behavior, he could file for a change in custody.

I'm not saying the mother is right in what she is doing, but the fact is, YOU violated the order, thus starting the chain of events. Right or wrong, that is most likey how a judge would view this. The judge isn't going to do anything to the mother while you keep violating the order.

On the denial of visitation-Is she not even meeting your bf? Or do you keep showing up with him and the mother denies visitation?

 

[princesstrish61]

no shes not even meeting him

no after that time i was there she hasnt returned any phone calls or anything. She is not home when he goes to get his son and on the day my bf is supposed to pick him up from school she is dismissing him early. what do you think scooter dog. we violated it once and this means she can just basically hide out with the child. he hasnt even gotten the chance to pick him up since that one day and sh ewont even return a phone call!

 

[Scooterdog]

no after that time i was there she hasnt returned any phone calls or anything. She is not home when he goes to get his son and on the day my bf is supposed to pick him up from school she is dismissing him early. what do you think scooter dog. we violated it once and this means she can just basically hide out with the child. he hasnt even gotten the chance to pick him up since that one day and sh ewont even return a phone call!

I think she's over reacting, but thats just my two cents worth.

To deny phone call's is bs! That's going way to far.

we violated it once and this means she can just basically hide out with the child.

LOL, I sure wouldn't think so, and here are the cases I'm looking at:

Parental rights may not be terminated without "clear and convincing evidence."SANTOSKY V. KRAMER, 102 S.Ct. 1388 (1982)

Visitation (parenting time) is a constitutionally protected right which can be protected in federal court, even if father is in prison. MABRA V. SCHMIDT, 356 F.Supp. 620


Custody can be changed if visitation is denied. ENTWISTLE V. ENTWISTLE, 402 NYS 2d 213


Custody can be changed if wife is "disrespectful" of "visitation" order. MURASKIN V. MURASKIN 283 NW 2d 140 (N. Dakota 1979)

LLOYD V. LOEFFLER, 518 F.Supp 720 (custodial father won $95,000 against parental kid-napping wife)

I would file for a change of custody, as well as contempt of court.

She doesn't have much since you only did that the one time. She should have file for contempt then, but she didn't. She can not deny visitation and phone call's because of mere contempt, which you nor your bf have been found to be in at this time.

Document everything! What time he calls, what was said, get the damn school to sign a letter stating the child has been removed from school on the days that the order say's your bf get's the child. (This would really be good, then subpeana those persons fromt he school).

You can look up your states law library online, they may have a forms packet for family law.(My state does, comes with everything, petition, answer, contempt, etc..). These are usually simple "mark the box, fill in the blank" forms.

If your bf needs a lawyer, take the above cases in, and make sure they go over those cases! They can cite those in the legal brief, I did in my case.