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Am I in contempt of court?

Posted by on Nov. 22, 2017 at 3:33 AM
  • 29 Replies
Okay. I'm the custodial parent and our court appointed meeting time is 5 pm on Friday. Their dad can't be there at 5, but I can. Their dad demands that I produce them at 8 pm, which i cannot do because of work, so he has to wait until 9-10 pm until I get off of work. He says I'm in violation of our custody agreement because he can't have them whenever he gets to town (we live 4 hours apart) he wants to pick them up under the supervision of their older step-brother, but because of my ex-husband's volatile history, none of us feel comfortable allowing my stepson to be subjected to him. My ex says I have to jump when he says jump. I'm doing all I can to keep my boys from having to go there at all, but as it stands now I have to let them. My youngest is being evaluated for autism and my ex is looking for any reason to take him from me BEFORE he's evaluated because he doesn't want an autistic child.
by on Nov. 22, 2017 at 3:33 AM
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Replies (1-10):
goldpandora
by Platinum Member on Nov. 22, 2017 at 3:38 AM
1 mom liked this

Check your court order. Many have a time lapse that defines how late your ex can be. 

Personally, I don't think you are in contempt. He wasn't there at the appointed time. You do not have to jump through hoops to please him.

Anonymous
by Anonymous 1 on Nov. 22, 2017 at 3:42 AM
2 moms liked this
Im a little confused. Are you saying that you are supposed to meet him at 5:00pm on Friday so he can have his court ordered visitation?
If so and he doesnt show up then thats his problem not yours. If visitation order says 5:00 then he can't change it to 8:00. Where do you meet to exchange the children?
Cheezhead
by Member on Nov. 22, 2017 at 4:04 AM
Our order says 5pm, and we meet at a McDonald's. Because of his job, he can't make it until 8. Because of MY job, I CAN meet at 5 pm, but not at 8.

I work with special needs adults, my clients can go places with me and it's no issue for them to go with me to meet him with my boys in a public place at 5, but 8 is too close to the clients' bed/meds/bath times to be out of our group home. Anyway, my ex says I'm denying him his rights and he plans to take me to court

Quoting Anonymous 1: Im a little confused. Are you saying that you are supposed to meet him at 5:00pm on Friday so he can have his court ordered visitation?
If so and he doesnt show up then thats his problem not yours. If visitation order says 5:00 then he can't change it to 8:00. Where do you meet to exchange the children?
smalltownmom03
by Platinum Member on Nov. 22, 2017 at 4:16 AM
4 moms liked this
If you don't show up at all you would be in contempt of court. The best thing you can do is show up at 4:45 and buy something. If he doesn't show up by 5:30 you can leave (unless your court order says something different). Write on your receipt what time you left and that he didn't show up. This way you have proof that you were there. You can't be held in contempt because he didn't show.
tired_momof3
by Silver Member on Nov. 22, 2017 at 4:18 AM
You are only in contempt when a judge says you are. He would have to get you in front of a judge in order to do that. You will have proof he's not able to meet at the time you two are supposed to. If anyone is in contempt, it would be him.
Talkingheads
by Ruby Member on Nov. 22, 2017 at 4:20 AM
Please tell me that you are meeting in your town

Quoting Cheezhead: Our order says 5pm, and we meet at a McDonald's. Because of his job, he can't make it until 8. Because of MY job, I CAN meet at 5 pm, but not at 8.

I work with special needs adults, my clients can go places with me and it's no issue for them to go with me to meet him with my boys in a public place at 5, but 8 is too close to the clients' bed/meds/bath times to be out of our group home. Anyway, my ex says I'm denying him his rights and he plans to take me to court

Quoting Anonymous 1: Im a little confused. Are you saying that you are supposed to meet him at 5:00pm on Friday so he can have his court ordered visitation?
If so and he doesnt show up then thats his problem not yours. If visitation order says 5:00 then he can't change it to 8:00. Where do you meet to exchange the children?
Anonymous
by Anonymous 2 on Nov. 22, 2017 at 4:21 AM
1 mom liked this
He wouldn't be in contempt since he is non-custodial. You cannot force a NCP to take their visitation. The OP would only be in contempt if she refused to hand her children over for visits.

Quoting tired_momof3: You are only in contempt when a judge says you are. He would have to get you in front of a judge in order to do that. You will have proof he's not able to meet at the time you two are supposed to. If anyone is in contempt, it would be him.
Cheezhead
by Member on Nov. 22, 2017 at 4:28 AM
Yes, we are. That just began after 3 years. He picks them up and I have to go get them

Quoting Talkingheads: Please tell me that you are meeting in your town

Quoting Cheezhead: Our order says 5pm, and we meet at a McDonald's. Because of his job, he can't make it until 8. Because of MY job, I CAN meet at 5 pm, but not at 8.

I work with special needs adults, my clients can go places with me and it's no issue for them to go with me to meet him with my boys in a public place at 5, but 8 is too close to the clients' bed/meds/bath times to be out of our group home. Anyway, my ex says I'm denying him his rights and he plans to take me to court

Quoting Anonymous 1: Im a little confused. Are you saying that you are supposed to meet him at 5:00pm on Friday so he can have his court ordered visitation?
If so and he doesnt show up then thats his problem not yours. If visitation order says 5:00 then he can't change it to 8:00. Where do you meet to exchange the children?
Valentina327
by on Nov. 22, 2017 at 4:33 AM
1 mom liked this
He's full of it and trying to intimidate you. YOU'RE accomodating HIM by pushing the time later. He's obviously a bully and trying to bully you now.

Quoting Cheezhead: Our order says 5pm, and we meet at a McDonald's. Because of his job, he can't make it until 8. Because of MY job, I CAN meet at 5 pm, but not at 8.

I work with special needs adults, my clients can go places with me and it's no issue for them to go with me to meet him with my boys in a public place at 5, but 8 is too close to the clients' bed/meds/bath times to be out of our group home. Anyway, my ex says I'm denying him his rights and he plans to take me to court

Quoting Anonymous 1: Im a little confused. Are you saying that you are supposed to meet him at 5:00pm on Friday so he can have his court ordered visitation?
If so and he doesnt show up then thats his problem not yours. If visitation order says 5:00 then he can't change it to 8:00. Where do you meet to exchange the children?
bleumonster
by Sapphire Member on Nov. 22, 2017 at 5:12 AM
3 moms liked this
Honestly I would get a lawyer and tell him either he is there when the court order says to be or to take you to court.
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