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DH and BM have been in a contempt coniuence for almost a year. Now skids havent come over in 2 months, Judge ordered a hearing..

cryingmama's picture
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DH took BM to court for contempt at the end of last summer. It was continued and continued now BM hasnt sent the skids in 2 months and had judge assisgn a GAL. DH went before judge yesterday and judge was not happy that BM took matters into her hands yet again. New court date in two days. Has any one expeirenced this? should i be hopeful ?

smdh's picture

Depends on the judge. In our case, the judge was very unhappy that McCrazy defied his order and decided she knew better than him.

cryingmama's picture

at one point the GAL asked if we wanted custody then she backed off after telling dh he might want to file for contempt again.

Latisem's picture

WOW! Has he gone to pick them up with a police officer or sheriff? That way it could be documented that he went and SHE refused? I'd also ask the police/sheiriff talk with the kids. They will if DH is concerned with their physical safety and well being bc she is keeping them away. SOMETIMES if the kids WANT to go then he will tell them they can go get in the car if they want to go. NOT A DAMN THING she can do.
DOCUMENTATION IS KEY!

cryingmama's picture

No we havent gone that route maybe we should have. Actully she let dh see them for two hours last week sd told dh she wanted to come back she misses everyone and called bm in front of him. BM said we'll talk about it. DH called a few days later to confirm and bm told him no, she told sd no he needed to rebuild the relationship before he could see her more than a few hours. Meanwhile dh has done nothing wrong and the relationship needs mending because bm wont let them come over and belittles dh on the phone infront of skids.

he never went to the house to pick them up just called on the phone. He recently ended up in the hopspital because of all the b... s... e thought he was having a heart attack. It was a panic attack but the doctor was concerned and gave him meds if it happens agian.

Latisem's picture

Well it's not up to her. Show up with his divorce/visitation/joint custody papers on the schedulded days and time. Text her "I'm outside to pick up for visitation".
If the police keep documenting that she refuses then they can be called into court for his witness. Enough contempt of court could land her in jail.
He can also record those phone conversations with her. Could demand counseling for the kids.
If there are legal court documents, her wants don't matter. He just needs to remind her that she is not the judge or final say. He needs to stand up to her and put her in her place. Wink

Orange County Ca's picture

Your husband is a bit into it for advise from me but what I did was take a civilian witness who simply remained silent while watching me knock on the door at the appointed time, saw her come to the door and after a few words slam the door in my face.

After hearing the witness the judge told her that if she did it again she would face jail. She was pale when she left the courtroom. Some people just don't understand how pissed a judge can get when their orders are ignored.

Best of luck, I'm glad he has the courage to do this and I hope he can re-establish rapport with his kids. Under no circumstances should he bow to her dictates that he take the children for even one minute less than what the court has ordered.

The flip side of course is that he is never one minute late in returning them - i.e. he complies with the order to a "t" just as he expects her to do and after all of this I'm sure he will.

lawyergirl06's picture

It depends on where you are and how friendly your law enforcement is. Most LE won't get involved in visitation unless you are the non-custodial parent refusing to return the child. Then they have grounds. Otherwise they tell you it's a civil matter. But I like the idea of documentating that you have shown up. And then just sit there. Let her call the cops if she wants documentation of trespassing. It's just further proof she is depriving you visitation. Then you have documentation rather than her just stating that you don't want to see the kids.

buterfly_2011's picture

We are in the same boat with BM #2. We can never reach her. And when we do she says she can't afford it. Last friday we drove to the meeting point (hour and a half away) and she did not show up. Our papers say the 1st and 3rd weekend. We texted her letting her know we waited etc. She called later that night. Told my SO that at the beginning of the week his text was was not polite. Um excuse me? The papers say 1st and 3rd weekend HE doesn't even HAVE to text to ask to have his son!! And his text said, "So this friday meet you at half way point at 4pm. Thank you." And that wasn't polite? So because of this she didn't show. You have GOT to be kidding me!!!!! We were told to go to the local police station if she didn't show but they didn't do anything. It's a domestic situation. EVEN though we haven't seen SS3 in almost 5 weeks and this was the first time she responded to us. We text her EVERY single week when it's our week. We start on Monday... we NEVER hear back. They ignore us completely. And when we are lucky and they respond it's ALWAYS on friday when we are suppose to meet for our scheduled visitation. So we sit all week wondering if we will get him or not. Then short notice we get a YES on friday then we have to rearrange all our work schedules because we NEVER say no since we only see him once every five weeks because they ignore us. It's INSANE. We are at a point of we don't know where to turn. We have gone to a lawyer once before. They did mediation and she still is pulling the same crap...... takes his money for sure but never wants to let us see him.