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Failure to Offer First Right of Refusal - Proof?

tradingplaces's picture

Submitted by tradingplaces on Tue, 08/07/2012 - 2:30pm

Forums: 
Family Court

Hi all! Longtime lurker, first time poster. So BM constantly leaves 6 yr old SK with sitters while she goes out at night, while she goes to work all day despite a 4 hour FROR in place, etc. DH is fighting for more time and filing contempt for this along with it. Problem is..how can he prove it? We know, SK tells us about it all the time, etc. Anyone ever filed contempt for this and won? How?

Orange County Ca's picture

Submitted by Orange County Ca on Tue, 08/07/2012 - 3:54pm

First father has his attorney write his ex a letter warning her that further violations of the courts order will result in a request for criminal failure to follow a court order. A second letter to the sitter ordering her to keep a written record of when (day and hours) of when she sits for future court testimony.

Father then files if necessary and subpoenas the sitter. He brings proof of when he is working - thus proving he was NOT working during those times and available. He can bring his ex to the witness stand over the same subject.

Of course the ex-wife will get wind of what he is doing. The hope here is she'll start to comply. If she switches sitters father will have to follow her to the new sitter to find out who she is and repeat. Cheap rental cars are good for this.

MyNest2012's picture

Submitted by MyNest2012 on Sun, 08/19/2012 - 8:21pm

Awesome advice. One thing I'd add, subpoena the ex's employer for proof of her hours.

In one case I had we even sent a subpoena to the turnpike authority for the ex's turnpike records which proved that even if she wasn't working she was doing something else without the child based on the babysitter's testimony.

Good luck!