Contempt of Court...how to use? t15: Here’s the situation…wife abruptly left in late May. Within two weeks, I had placed her with someone else. That being said, I got a lawyer, served her with temporary custody papers, went to court hearing, court assigned a law guardian for the kids (ages 12 and 6), joint custody, I have perm residence (for now). Our actual trial is set for mid-October.
After the initial court hearing, the orders were (for both of us): No drinking 24 hours prior to having children in primary care. No drinking while children are in primary care. Children are not to have any contact with her boyfriend. Obviously, alcohol is a central issue because the bottom line is that her only argument can come from that by misleading the court. I drink moderately, she has a tendency to binge.
NOW… The kids had just been with their mother for a week of vacation, and I got them back on Wednesday night. My 12 year old approached me last weekend and said he saw his mother drinking beer during vacation. He apparently walked outside where they were staying and she immediately shoved the beer in her jacket. I asked him how he know it was beer and he said he saw a silver can with the words Coor’s Light (duh!). BTW, they were vacationing with her friend and their family, and her friend was drinking too.
Contempt of Court! Now, my question is…what happens next, and how can I use this information to my benefit? Any opinion will be appreciated. Oh, I forgot to add, my lawyer is on vacation until next Monday, so he's not much help right now.
Re: Contempt of Court...how to use? sourpuss: proceed with caution....you don't want to appear vindictive.
document the dates & times of the incidents ard wait for your lawyer. he will either send her a letter to tell her to smarten up or he will file papers with the court. only the judge can charge her with contempt.
i wouldn't contact the stbx directly, you will only end up fighting.
it is important to do these things by the book.
edit:
does your lawyer have partners? sometimes you can get the ball rolling while your primary lawyer is away....
Re: Contempt of Court...how to use? ChrisJane: t15 my papers are written the same way. my ex has chosen not to visit our son because that means he can not drink. his loss.....
but sourpuss is correct, DOCUMENTATION......my guess is your attorney will approach the law guardian with this information and your stbx will be notified and questioned and warned. failing to abide with this will first get monitored visitations, then if it continues to be a problem visitations can be stopped.
good luck.
Re: Contempt of Court...how to use? t15: Thanks for the responses.
First off...I really want to use this more as a negotiation tool ie: she has been caught, now let's settle instead of trial or this (contempt) will be brought up. Is this possible?
Second...My gut instinct is to let my 12 yr old just meet with the law guardian and tell him. I did approach him in a very tactful way and told him to write out what he saw (like a journal entry). He was obviously upset which is why he told me.
I contacted my attorney's office (no partners btw), and his paralegal has e-mailed him the info. I'll wait and see what his reply is. But, it's one of those things that, with a 12-yr old, should be done while it's fresh in his mind (strike while the iron is hot).
Re: Contempt of Court...how to use? hardened_heart1970: what ive come up against, is they will not charge my ex with contempt, unless it is repeaditly done over and over.
im like, what to f is contempt for if they have limits? he said she would have to do things for a month, in order to not be laugheedd out of court......
nice system, huh...
