Amending a Motion and Order to Show Cause

I have filed a Motion in the Cause for Criminal Contempt against my ex for violating our parental agreement by not allowing one of our four children (Child #1) to come with me during my designated time. My ex stated that she was grounded and not allowed to come when I arrived to pick up the kids. All other children (Child #2, #3, #4) came with me with no problem

Since this time my ex has further violated the parental agreement by interfering, obstructing, and general non-compliance with parental agreement and a different child (Child #2) has been missing, absent, or unavailable during pick up times. She has allowed her go on vacation with another family during my time, allowed her to stay the night elsewhere, and not be present during pickup. And she has just allowed her to stay at her house during pick-up, meaning I would regularly pick up Child #1, #3, and #4 but Child #2 would not be present or available.

Additionally, the Order to Show Cause that was signed by the Judge when I filed the Motion in the Cause states that neither party shall harass, assault, follow, or bother. My ex has violated this as well by repeatedly send text messages that state she will send me to jail for what I’m doing and that I am ruining our children, etc…

Our court date is set for the end of July, do I need to file any amendment to reflect this new information or can I present it as my personal testitomy?

I will representing myself in this matter. My ex has been appointed counsel by the court. Her counsel also happens to be the lawyer she hired when she was fighting our initial custodial battle.

Thank you in advance!

You do not need to file another motion in the cause for a show cause order based on the violations of the order to appear and show cause. You can present this information and the actual text messages on the trial date and testify how these repeated attempts at communication made you feel.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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