Contempt and change of visitation

North Carolina Divorce Law Divorce and Separation Answers
1

Hello,
Custodial filed contempt, should non custodial counter or would that not look good to the courts? All charges except one can be debunked and the one that could be an issue was done to explain why they can’t live with non custodial parent. If cleared of all what recourse can happen? If charged on the one, for a first time what can happen? It was nothing life threatening or caused emtional damage to children. Bascially to explain that they did try to get them and lost the custody hearing. Children were told that non custodial didn’t fight for them and didn’t love them since they moved back to their state before marriage. They are older and want answers and are now asking to be able to talk to a Judge. Can the children be brought in for these contempt charges? Some of the charges were brought forth on what they stated.

Custodial filed for change of visits: this is a two state issue, the Judge ordered every spring break, rotate holidays, summer except 3 weeks and 3 days when school is out for non custodial. Non custodial gives dates before school starts and wants to keep the current visitation Custodial states 3 days interferes with school and extra activities, which they have the dates and time to get school work//testing done day before or before early dismissal. Claims they don’t have enough time with children to do vacations. Claims they are in financial distress, which I feel looks bad for them when they have been following this for three years and are married and non custodial isn’t. The Judges ruling for this situation was in the best interest for the children and the children look forward to and count down the days to each visit. Do other Judges change the first ruling on visitation, when it may harm the children? Can the children be brought in for this, since it’s their visitation also? If changes are being demanded then they should be able to have input somehow. Can the original Judge be requested to hear this case? If mediation is brought up can it be waived because of the distance and non custodial doesn’t want any changes made and will end up before a Judge anyway?

2

The punishment for contempt is something that can range pretty broadly. It can vary from a slap on the wrist to jail. In reality, it will likely result in the judge ordering you to stop doing whatever it was that caused the contempt, or to start doing something that you aren’t doing according to the terms of your Order. If the contempt is bad enough or you have multiple contempts of court, they could take your license away or put you in jail. As far as your children being able to testify, you can always bring them and offer them as witnesses for your case. The judge has the discretion to allow or not allow them to testify based on their ages. The older they are, the more likely they will be allowed to testify.

3

The change in visitation: custodial parent wants more time, do Judges normally change what the first Judge ordered? The Judges rotate courts, can one request that the Judge who ruled in custody and visitation and granted this hear this since they implemented the order? Just for the record, custodial parent has MOST time with children since this is a two state issue.

4

Without knowing what county you are in, I cannot tell you of the local customs in that county. However, in courts where where it has a family court system, generally one judge is assigned for the entire case. I would contact an attorney in your county to see if they can answer your question. Judges can and will alter visitation if they determine that such a change is in the best interests of the children.