My Ex-Wife Displays Contempt For Rulings On Visitation – What can I do?
July 28, 2009 by admin
Filed under Ask the Lawyer
Question Submitted:
We received a new court order for unsupervised visitation and my ex-wife did not show up with my son for my visitation. I went to the local police station to file a report and the police told me I had to go back to the judge who issued the revision. My lawyer said “No, that’s not the way it’s done.”
So now I’m confused and not sure as to who is telling the truth? So in effect, I’m not sure if I can trust my lawyer. I want something done! This is not the first time she has displayed contempt for the court rulings! What can I do?
Answer:
Both your lawyer and the police officers may be correct. Your attorney is correct that an order from the Court providing you with parenting time is an order just like any other and should be enforced like any other order. However, police officers are often hesitant to become involved in child custody exchanges and some departments even have developed policies which prevent officers from becoming involved in situations such as yours.
In short, I think absent assistance from your local police department, you should find an attorney who will file a contempt action against your ex-wife asking her to be held personally accountable for her failure to follow the Court’s orders. You may ask for attorneys fees, sanctions and compensatory (ie: make-up) parenting time depending on your jurisdiction.
If your ex-wife persists in a pattern of willful disobedience of the Court’s orders, you may also eventually have grounds to seek primary custody of your son.
Jill Best is an attorney with Cordell & Cordell, PC, a family-law firm focusing on men. She writes for DadsDivorce.com
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Hi
I use to live in KY state and we separated and I never had problem to see my son who is now 9 yrs old , 2 years ago she told me she is moving MD and she need one letter from me to take my son with her and admission in new district school I gave her, then she applied for divorce and that time I lost the job and I moved to puerto rico because of my g friend home I couldn’t pay my bill there in KY . her lawyer ask me to sign the papers for agreement and I did
the agreement was she get the physical custody and I will see every weekend my son and half vacation I have the copy which is only my sign because lawyer said she will get her sign and send me the other copy she never did, I have only my copy only my sign, After she went in court and get the full custody
I always call my son and talk to him and some time I send cloths and other stuff for him but couldn’t send child support which was in agreement because of I couldn’t get job and my medical condition . But I went last year there and my sister arranged my plane ticket she didn’t allow to go my son with me, and same thing she say now I cant take him with me for 2 weeks because I am not paying child support I applied for SS because of my condition and I told her as soon its approve she will get this now she don’t tell me where she take him some time I cant talk to him 5 or 6 days, and also she threatened me she will take him Australia because her family there. I want to spend 2 weeks with my son in his vacation, I don’t know how I solve this problem , my son want to come with me but she control him . I dont have money to arrang lawyar
and I cant do lot of things because of my medical condition please advise me.
Thanks
My husbands exwife refuses to let there children spend the wknd with him bc of me the wife ive done nothin wrong she just dont like me but now he is holding her in contempt she got mad got her sister involved and they made threats against me so now the police is involved i wish the ex’s would learn how to be parents and think about the children and not the way they feel about the other parent or step parent they are only hurting the children