# Motion of Contempt and attaching evidence?

**URL:** <https://forum.rosen.com/t/motion-of-contempt-and-attaching-evidence/15650>\
**Category:** Divorce and Separation Answers\
**Created:** [April 22, 2014, 4:42pm UTC](https://forum.rosen.com/t/motion-of-contempt-and-attaching-evidence/15650 "2014-04-22T16:42:54Z")\
**Posts on this page:** 4\
**Page:** 1

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**Author:** ![travlingrlclt](https://avatars.discourse-cdn.com/v4/letter/t/6a8cbe/32.png) [@travlingrlclt](https://forum.rosen.com/u/travlingrlclt)\
**Post date:** [April 22, 2014, 4:42pm UTC](https://forum.rosen.com/t/motion-of-contempt-and-attaching-evidence/15650/1 "2014-04-22T16:42:54Z")

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I’ve been divorced a few years and we have a custoday order etc in place. My ex for the past 3 times has refused to release  
the children to me during my visitation. She won’t release them b/c I won’t tell her what we plan on doing all weekend (she  
has control issues). I am going to file a motion of contempt. I have audio of her stating why she won’t release the kids that  
I want to submit with my motion as evidence when I file it. How do I go about submitting audio? Can this be done? Do I have  
to have it transcribed etc?

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**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\
**Post date:** [April 28, 2014, 1:44am UTC](https://forum.rosen.com/t/motion-of-contempt-and-attaching-evidence/15650/2 "2014-04-28T01:44:55Z")

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You don’t need to submit the audio recording with the motion. Simply state the reason why you are filing the [contempt](http://www.rosen.com/childcustody/carticles/understanding-the-contempt-process/) motion and mention the conversation in the motion.

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**Author:** ![travlingrlclt](https://avatars.discourse-cdn.com/v4/letter/t/6a8cbe/32.png) [@travlingrlclt](https://forum.rosen.com/u/travlingrlclt)\
**Post date:** [April 28, 2014, 8:15pm UTC](https://forum.rosen.com/t/motion-of-contempt-and-attaching-evidence/15650/3 "2014-04-28T20:15:20Z")

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But I want the judge to hear the conversation b/c my ex states in the conversation that “she had a personal conversation with the judge and the judge said she didn’t have to follow the order”. This is obviously a lie and I want the judge to hear it and not be just my word against hers that she said this.

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**Author:** ![Kathleen\_Putiri](https://avatars.discourse-cdn.com/v4/letter/k/57b2e6/32.png) [@Kathleen\_Putiri](https://forum.rosen.com/u/Kathleen_Putiri)\
**Post date:** [May 1, 2014, 10:28am UTC](https://forum.rosen.com/t/motion-of-contempt-and-attaching-evidence/15650/4 "2014-05-01T10:28:23Z")

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Judges do not see motions when they are filed. Unless you have a court date, the file will never go in front of the judge. The judge is not going to hear the recording unless it is played during the hearing on the motion. You need to bring the recording to court, lay proper foundation so you can admit the recording into evidence, and then play it as evidence to why the other party is in [contempt](http://www.rosen.com/childcustody/carticles/understanding-the-contempt-process/).