How to file?


#1

My ex is threatening to deny my christmas visitation. What can I do to schedule an emergency hearing before christmas so that I don’t lose christmas with my child?
thanks!


#2

If you have visitation through an Order, your remedy is to file contempt. If it’s through an agreement, it’s breach of contract. You cannot file anything unless/until the visitation is denied. Unfortunately, this would be after the visiation was to occur. You can advise your ex that you will be taking her to court if she fails to abide by the visitation schedule and hope that she will do what she is legally obligated to do.


#3

Yes there is a court order in place that states I am to have my child during Christmas break. Since they contempt hasn’t yet taken place how does that need to be worded when filing contempt? what can I do to have an emergency hearing before christmas? If I lose christmas theres no point in filing because I’ll never get the time back. Also, when I file contempt do I do it as a show of cause? Last time I didn’t do something in my paperwork correctly and the burden of proof was on me not my ex. If I file again I want to do it correctly so something can finally be done to end this.


#4

If your ex is not abiding by a court order, then you can file a Motion to Show Cause and the court will enforce the Order. However, you cannot on these facts be heard for breach. The breach hasn’t occured yet. All you can do is threaten her with legal action if she doesn’t abide by the Order and allow you the visitation that was outlined for Christmas.