Contempt


#1

I have filed contempt because while we have joint custody my x has made major medical decisions without consulting with me first.

In a few cases she did consult with me but she denied me the time I requested to fully research the decsions being made (this is on the order) and simply went forward with her decision. I requested second opinion and was denied.

In more than one circumstance I have attended the medical appointment only to be told the decisions were made prior via phone calls or letters and the appointment was scheduled to carry out the decision not discuss options etc as I had been led to believe.

To put it in my own words she tells me what she is going to do and does it, or does it and tells me later.

These situations were in no way an emergency or even urgent

She now has a date and order to show cause.

What COULD be considered reasonable cause in this circumstance.


#2

I am not sure what you are asking, have you filed a show case, or has one been filed against you?


#3

hello,
I filed the case and we have a court date.

I wanted to know if a person can argue for example that they really believed what they were doing was in the best interest of the child so they broke the court order and went forward with what they thought was right. Maybe they could show professional opinion/diagnosis to support thier position.

They basicly have gone in willfull contempt but feel it was the right thing to do even though the matter was not urgent or an emergency.

With such an arguement have you seen judges not inforce the order.


#4

If the Order requires that she consult with you regarding medical decisions and she has not, she will likely be found to be in contempt, unless it was an emergency situation and there was no time to contact you for consultation. In your case since it was not an emergency, she was required to contact you.

This is the reason these provisions are included in Orders, as naturally a parent feels that a decision they make is in the best interests of the child, but it may not be, and the other parent should have a voice in the decision.