Held in contempt?

My sons father is refusing to talk to me because about 2 yrs ago I got a restraining order for him threatening me. The issue is that he haven't been following his court ordered visitations date until this summer. He's been trying to get our son on his visitation date and my first reason I said no was because my sons father mother wasn't go to be there to supervise it... my reason for saying that is because he haven't been around in a while and I don't trust him. So that following sunday he tried to take our son again and i told him that i don't even know if the court order still stands because he hasn't been following it and now he tried to take our son once again this sunday but his mother told me last minute and i wasn't home so I said no. My things is, I don't know why he is using his mother as a third party because we should be able to talk about it without his mother sending messages back and forth. I recently found out that he has been going to the police and filing reports each time i say no. Can i be held in contempt if he takes me to court even though he haven't been around and now all of a sudden wants to come pick him up?

Additional information: the order is suppose to be unsupervised

I got a restraining order against him because we couldn't come to my terms when it comes to our son and he said he wanted to get someone to beat me up for being a bitch.

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Asked by Anonymous at 7:27 PM on Sep. 10, 2012 in General Parenting

Answers (39)

Yep. You can be held in contempt. You may be charged with custodial interferance.

Answer by QuinnMae at 7:29 PM on Sep. 10, 2012
Credits: 235455 Level 46 General Parenting Minor

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I told his mother that I will not allow him to get his son because he can't talk to me. I even told him he can do it through email. He just haven't gotten our 5 year old son in two years so now that he's trying to come around i don't want it to be inconsistent that is why i rather talk to him but he is refusing. Can't he get in trouble for refusing to talk to me?

Comment by Anonymous (original poster) at 7:32 PM on Sep. 10, 2012
No he can't get in trouble for refusing to talk to you, the order has been signed and needs to be followed and you didn't do this, regardless of your reasons....if it needs to be changed go back to court, but don't administer your own justice....

Answer by older at 7:34 PM on Sep. 10, 2012
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If you have a restraining order on him, why do you expect him to talk, this can get him in trouble....

Answer by older at 7:36 PM on Sep. 10, 2012
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He doesn't have to talk to you. You got a restraining order. Yes, you can be held in contempt....there is no court order requiring him to talk to you, so no he won't be in trouble.

You have to follow the court order. You can't decide on your own it has to be supervised. It doesn't matter if he hasn't been around, no matter how frustrating that is to you, and that isn't a reason to require supervised visits.

He will now have police reports proving that he has been trying to get his child and that you haven't allowed him to.

Answer by ohwrite at 7:36 PM on Sep. 10, 2012
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You said that your son loves to spend time with his father and loves his dad. How can he establish a father son relationship if you refuse to let him spend time with his child? He pays support. He has his mother call because you are dangling that RO and the threat of arrest if he dares try to fulfill his visitation. You are a piece of work.

Answer by QuinnMae at 7:37 PM on Sep. 10, 2012
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I only refused no more than 4 times. Is that enough to take me to court? Do u ladies think I am wrong? I'm just trying to protect my son. It frustrates me how he is trying to come in the picture after almost two years. Things was fine the way they were.

Comment by Anonymous (original poster) at 7:37 PM on Sep. 10, 2012
If he hadn't come in 2 years and he is all of the sudden coming around unannounced, I think you have some grounds, but a restraining order typically means NO CONTACT. Here, 2 years of no contact and no child support is considered child abandonment. I'm sure this is something you should have taken to court LONG before he is now taking you, because yes, you may be considered to be in contempt of court.

Answer by Mom-2-3-Girlz at 7:38 PM on Sep. 10, 2012
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Besides, I thought your petition of the court order was supposed to immediately cease his parental rights. Isn't that what you said?

Answer by QuinnMae at 7:38 PM on Sep. 10, 2012
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My son does love his father. But my son is only 5, he has no idea how much this may hurt him if his father keeps walking in and out of his life. I don't trust him.

Comment by Anonymous (original poster) at 7:38 PM on Sep. 10, 2012