Dad at wits end... PLEASE HELP!


#1

There is no way to really make this short, but I will try to be as brief as possible…
I have been divorced since Oct. 2005 and have joint legal/physical custody of my now 13 year old daughter. My ex-wife has continually refused to comply with court order after court order, she has been found guilty of parent alienation, contempt of court, and has been “WARNED” by the court on too many occasions to remember. I have completely financially exhausted my resources. I cannot compete with her mom and dad’s money. I work 4 days on and 4 days off, so initially the judge ordered joint custody with her retaining primary and me secondary custody. This went on for about 1 year and near the end of the year she took my daughter out of school in one county and moved her 2 counties away and enrolled her in school. During this period if time I could not exercise my 4 on/4 off custody and was only allowed (per my ex-wife) to see my daughter when I was off on a full weekend. It took approximately 16 months to get it back in court and when it was finally calendared the judge found she had made a unilateral decision and found her in contempt of court. The judge initially ordered my ex and daughter to move back to the original county they lived in within 30 days, because it was near the end of school year, the judge ordered the ex-wife be responsible for all transportation to and from visitation (78 miles one way) and pay my attorney fees. The ex-wife rented an apartment in that county, which she only stayed in one weekend, didn’t pay attorney fees but did handle all transportation (actually her Dad did). Essentially the judge found her guilty of contempt of court for failure to comply completely with the court order. She was sentenced to 30 days in jail to be handled over 15 weekends. At this point the ex-wife’s attorney filed for change of venue and the judge presiding stated she wasn’t sure if she could actually order her to move back into the original county. Needless to say, the venue was changed; ex-wife never spent a second in jail and was allowed to keep my daughter 2 counties away. Now that she is everything in her home county she has started not allowing me to have visitation with my daughter again. Due to all the contempt issues the court order was made very specific with respect to my visitation, in that if there was a conflict with dance, cheerleading or any other conflict, my visitation was not to be disrupted. It is also in the order that if either one of us calls for our daughter; if unable to answer immediately we have 1 hour to respond. It is sometimes one and two weeks before either of them answers a phone call or text message. I have been denied 2 weekends this month alone and I want to file contempt papers of her, but I cannot afford an attorney and cannot find a copy of a contempt order at nccourts.org or any other online forum. I am going to have to do this myself and would greatly appreciate any help you can give me about filling out the contempt order, process in which I need to follow to file and where to find the correct form to file. All I can find is contempt for child support and other civil contempt papers.

Please help! I just want to see my daughter when I am suppose to and not allow her to do WHATEVER she want to as she has done for so long now.

Thank you,
James


#2

I suggest you find a copy of a previous motion for contempt filed in your case. Since the issues are the same one of your previous motions would be a good “go-by”.

Once completed take the motion to the clerk of civil district court in her county for filing. The clerk will issue the order for your ex to appear, and you will appear in court on that day to reiterate your complaints to the court, and your ex will be required to defend herself.


#3

Just some other suggestions; keep all requests and denials for visitations in writing. Send e-mails when she refuses visitations or texts as much as possible for this. You want to sit down and write down the timeline and have all the previous court documents also. This will show the court that you are prepared and have been keeping up with this. Since you do not have an attorney to speak for you, you want to be prepared if the judge asks you for any dates or details.
If you have a call log on your phone, get a printed copy to show when calls were made and returned.
You can get copies of the previous court transcripts also. That may help you out for this with exactly what the judge ordered and showing the timeline of events.