Contempt of court?
So BM wouldn't "allow" DF (fiance) to have his court ordered summer parenting time. We have made three requests, all have been denied. The last one was to begin yesterday, and she sent a message through her attorney, to our attorney, that she had a special "mother/son" 5k fun run for today, and it couldn't be cancelled. She could, however, give up the run, if we gave up next weekend which we will be out of town for a family reunion. We didn't like the barganing she was doing, so we declined.
Of course, we went online and downloaded the race registration and her fat ass was no where on the list (shocker). Of course today on facebook are pictures of him and his adult sister at the finish line. No signs of the BM even being in attendance.
So we will take this information to the attorney this week. We want her found in contempt. DF has been denied, over and over, his CO time. She has no authority to deny it. She claims it's a mother/son event, then she clearly isn't there (or apart of the event).
Who has won contempt charges for violating parenting time? We are in Oregon, if that makes a difference.
We had asked for 10 days in a row, we are allowed 14. During our time, we scheduled our family photos to be used in our wedding, scheduled for November. Sorry, but I'm thinking it's the wedding that has her out of sorts. There is no other reason.
If husband didn't attempt to
If husband didn't attempt to collect the kid at the appropriate time there may be no case.
Don't let your attorney tell Daddy he's got a slam dunk case. All he may have is a slam dunk fee. I guarantee the attorney will close by saying that one cannot guarantee what a court will do or words to that effect giving him the out to not refund any prepaid fee.
I agree its time to get a contempt order. But you've got to prove that she was given notice and Daddy was there at the appointed hour. Good luck otherwise, hey there is no guarantee right? He just might win.
Thank you. We have three
Thank you.
We have three documented requests, three denials. We asked our attorney how we should handle it, and he asked DF to send an email asking her to confirm or deny the parenting time. She denied, then again via her attorney. He says it's the path he takes to get sole custody, and claims he's often successful for fathers. Time will tell.
We have list of the completed race....who crossed the finish line. Mother is not on it. She's not in one photo.
The marriage of a ex often
The marriage of a ex often sends a ex-wife into a tizzy. I think most men are just glad to see their ex's go. Three documented requests and three denials is going to get her a reprimand from the court to knock it off and sin no more. Maybe a stern lecture.
Sole custody? I've got a hundred bucks to put on that. Not going to happen based on this alone. Make it two. You've gotten the "Mr. Often (just not you)" attorney. They've been around since before Lincoln.
I'm not saying don't do it, just don't buy any Champaign until its over.
Yes a shit ton will do it.
Yes a shit ton will do it. Three won't. But you have to start someplace and usually with a judge pointing a finger in a defendants face threatening jail a change is forthcoming.
In our state the judge has to
In our state the judge has to give someone sole custody if the parents don't agree to 50/50. So it's a gamble, but not impossible. We have documented proof of her denying not only the visitation, but phone calls as well as notifying us of his events so we can participate.
Question for the OP - dud he
Question for the OP - dud he actually go to BM's to retrieve the child? If not then it is not considered a denial of visitation.
If he asks n BM says no and he doesn't show up to get the child then it's considered an agreement.
If he went to get the child. .. Does he have proof he tried to get the child?
We got an attorney because
We got an attorney because she had denied another co visit. We knew another one was coming up and wanted to be prepared. He asked DF to send an email asking if she was going to comply with the court order. She said no. The attorney thought it's better to let it go. In Oregon, there is no way to enforce custody agreements Scott in court. You can't call the police, they won't get involved. So instead of using the child we document. This week the affidavit and contempt papers get filed. We have continuous, documented proof. I can't see the judge saying "shame on you" and leave things the way they are.
Our 17+ yaer CO was in Oregon
Our 17+ yaer CO was in Oregon too. The bottom 10%ers of the legal profession idiots that gravitate to family law are notable morons in OR. At least in our experience. Judges, most lawyers, clerks, etc.... All of them.
One thing to note in OR is that in addition to your CO there are usually fairly comprehensive supplemental county rules that impact visitation and support and can be referenced when they are violated by the blended family opposition when you are submitting contempt motions. The supplemental rules are considered part of the CO. At least they were in our case.
And you can call the police when the chief of police is your SO's HS BFF's father and then becomes sherrif following retirement from the PD. That helps alot. }:) There is nothing like having your FIL walk in to a Sperm Clan family reunion with a police officer accompanying to pick up the kid when the Sperm Clan fails to put the SKid on a plane as scheduled at the end of a Sperm Land visitation. }:)
See if your state has a Child
See if your state has a Child Visitation Regestry. In Oklahoma we have one, and if she is 30mins late for a COd order, then it's considered denial of visitation. The visitation ppick ups and drop offs are facilitated by the Sheriff's office and witnessed by them.
If this is the first time you
If this is the first time you have filed a contempt charge, you will be lucky if BM gets even a warning. She didn't put the children in any harm and will give the judge an excuse. Maybe on the third or fourth try, you might get "don't do it again" but like others have said, it is highly unlikely custody will change. But you will be supporting Oregon's lawyers.
We'd rather lose, fighting,
We'd rather lose, fighting, than lose by never trying.
We went to the "Hostile Parenting" page and printed out examples of what we deal with. In Oregon, joint custody is only ordered if parents agree, and can work together. The judge will be left with the choice of who to leave the child to the sole custody of.
BM....we'll subpoena her first Exhusband who got so sick of her antics that he walked away from his children, but of course still had to support them.
We'll call my ex's who can testify how we successfully work together for our child.
We are committed to working WITH her and have documented PROOF of our communication efforts. She ignores every request. Blocks parenting time, lies to the child, has the child lie to us. Fabricates medical issues, fakes bills and tries to get us to reimburse her.....etc., etc.
DF says if he loses, so be it. We're not living this way any longer, with her controlling every second of our lives.
I agree, you can't not try.
I agree, you can't not try. You have to advocate for your kid. When you (generic you) quit, the kids lose and the psycho wins-it's sad!