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Contempt Motions
Contempt or not...
Contempt or not? relocation act!
8/16/2008 1:57:38 AM
shnookem
1 posts
Contempt or not? relocation act!
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Hello,
First a little background!
I have represented myself over the last five years since my ex and I divorced. He has always had an attorney, but I was fortunate enough to get almost everything I wanted. I feel the children's relationship with their father is very important. I am their primary care parent, but he has them every wed. night and every other Wed. through Sun. which I requested. He consistently violates the parenting plan (i.e. not allowing me to phone children when they are with him, goes out of state on vacation without proper notification, the kids come home crying saying daddy talks bad about mommy, he moved once without proper notification, ect. all of which are addressed in parenting plan) The only thing he follows is the residential schedule (though he is constantly late dropping them off).
I have filed contempt orders twice. The first time he was required to give me his new address and the judge told him to follow the parenting plan, but he was not found in contempt. The second time he was found in contempt and was once again just told to follow the order. Yet, he continues to not follow the parenting plan, eccept for the residential time. I have documented to the best of my ability when he did not, but knowing I need to show a pattern I just keep records and continue to follow it myself. Well, last week he moved further away (which is out o fthe school district) which it is stated because the children spend a substantial amount of time he has to follow the relocation act also. It is also my daughters birthday which it is his year to plan the party and I am suppose to be invited too. He said he was having the party this weekend, but refused to tell the me the information (which he is suppose to two weeks prior to party) and I received a phone message from my daughter who was whispering so she wouldn't get caught calling crying (I couldn't understand the message) and I have tried to call since then and have gotten no response. I just received an email that he is taking them camping this weekend (therefore, my daughter is not having a birthday party).
OK now the question...sorry for the such a long explanation. Because he did not follow the parenting plan in regards to his move, plus what I mentioned and the list could go on and on, should I file for contempt again and if so what rights do I have to ask for. I have always just left that discretion to the judge, but there are so many things I didnt talk about, that are just harmful to my children. They cry to me all the time and ask why their dad is so mean to me and talks so bad about me, ect. So, I guess what can I ask for if he is found in contempt? Can I request for him to receiving parenting classes and counseling to learn the harms of conflicts between parents or change in residential time (i.e. they go with him every other weekend). I would appreciate any thoughts.
Thank you,
Shree
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