I live in Florida and my ex-wife resides in NC with our daughter. A court order is in place for visitation where it stipulates that “travel expenses” will be paid by me. I purchased airline tickets for my daughter and her mother to travel to Florida for her birthday (today 08/20/10) and she refused to come because her attorney indicated that I also have to pay for her hotel stay. At first I refused to pay for the hotel, but fearing she would not bring our daughter I went ahead and secured a hotel and emailed her the confirmation. My ex-wife still refused to come and I just confirmed she did not get on the plane. So, i’m out for both tickets and I didn’t get to see my daughter on her birthday as the court order indicates I should. How do I file for a contempt motion and what are the potential consequences for violating a court order.
I would like to retain legal council for this matter, can an attorney in Florida assist me or do I have to consult with a NC attorney?
You will need to file a motion to show cause (also called a motion for contempt) in North Carolina, if you chose to retain counsel it will need to be an NC attorney.
The consequences of being held in contempt vary, and are up to the discretion of the judge. In this case I recommend you seek reimbursement for the price of the tickets, and attorney’s fees to bring the action.
Thank you. Can you refer me to someone in the Rosen firm out of Charlotte please. How long will this procedure take from the time it s filed and do I have to appear, being that i’m in Florida?
Please contact Ashley Wood at 704-307-4600, ext. 100. She will set you up for a phone consultation with one of our Charlotte attorneys. The attorney you speak with will be able to more clearly answer your question regarding the timing of the motion and court appearance. I estimate you will have a minimum of 3 weeks to prepare for the hearing.