back to court we go....
Well on Monday night BM called the cops because she didn't want SO to have SD3 on HIS holiday and because back in March when a CO was put into place for set visitation and her lawyer and her thought if they contested a part of the order then SO would not have anything signed by the judge to enforce. Well the thing is that the judge stated to both parties "this is considered my signed order on record" there for it was read with both parties agreeing and both parties present with their lawyers. There for it is considered an enforcible order with or with out her signature on a piece of paper.
So today SO and I go to lawyer's office and talk about contempt charges being filed. He says we have at least someting to go in there with since it's not her first time going against the order. Even if she is not held in contempt she will be slapped on the hand and it will be in the file of her unwillingness to coroporate. He didn't think that with only two or three dates she would be put in jail.
Well it gets better. The judge also told her she is not to bash daddy infront of their child. Today she was at the court house and my cousin who works there saw her. BM doesn't know what she looks like. Anyways she was there with SD3 and no shoes ( i know that's not relevent in court but still weird) Anyways she said in front of a bunch of people "well this is another way for daddy to try to keep you away from me" UMMMM not supposed to say this and the judge made it a point to say to her specificlly that she was not to do this to the child.
This judge does not like it when people go against her order. She is not one to give people second chances either. she is stirn.
So it even better. When SO asked where SD3 would be BM replyed "you are not getting her until a judge or my lawyer said i have to give her to you. you are a flight risk and i had to call the cops twice to get her from you" UMMM flight risk, check the defenition of that BM. And you called the cops to deny him visitation that was rightfully his. Judge also doesn't like it when parents use things like the cops. So not only has she denyed visitation and had cops showed up but she continues to bash SO and also is going to deny him visitation again.
Anyways, He is asking for modification of the existing order to give him full custody (doesn't matter if he gets it or not but worth putting it in) and that she pay the court costs, she told him he would have to take her to court again to see his daughter (this judge almost always at least orders this) So we shall see what happens.
SO knows that not much may come from this but he needs to get it on record and this will be the one and only warning she will be allowed and we both know she will continue to violate the order. And she needs to know that he is serious regarding not taking his crap. Like our lawyer said, the court's cant make a person stop being a jerk but it can help you point out their jerkyness and use it against them down the road. We may not win this battle but this will help us in winning the war (custody).