Motion To Show Cause for Contempt


#1

So as not to take up too much of your time I am providing a description of my circumstance with 2 direct questions following.

My ex and I entered a Consent Order for permanent custody August 23rd 2010 with our assigned Judge. We have Joint legal custody with primary residence being assigned to her. The order clearly states specified phone calls for the non custodial parent Sundays and Thursdays at specified times. My ex is to have the minor children available at a specified time, this has not occurred. Further the order has specified visitation for this coming weekend and we are to meet 1/2 way between our homes ( she has relocated to Georgia) My attempts to confirm the assigned meeting time via email have been responded to with “you are more than welcome to drive down to Georgia and pick the kids up”, and “I cannot meet you at all that is not what I agreed to”. The order clearly specifies dates times and location for meeting for exchange of the minor children.

The Temp custody order that was replaced last week with the new consent order for permanent custody had all of the same specified visitation and phone calls. My detailed records have 43 instances of willful disregard for the temp custody order denying specified visitation and phone contact, however my former lawyer did not wish to proceed with a motion to show cause for contempt.

I have no idea when I will actually get to see my kids as this is a frequent occurrence. On the odd occasion that I do get to speak to my kids at the specified times she monitors the calls and they will only give me one word answers and the conversations are strained. My kids do call me when she is not there to monitor the calls on a cell phone I provide for them and we speak freely.

I am concerned for the mental/emotional well being of my children. From the beginning she has badmouthed me in the presence children, I am used to this it was also prevalent in our marriage however my only concern now is the effects it is having on the children. In the original order the Judge ordered her to undergo anger management and restricted communication with me to be through www.familywizard.com. She calls texts and emails me obsessively (calls up to 30 times in a row).

As of now 2 lawyers have removed themselves from representing her, and she is acting pro se. Several months ago she filed an emergency motion to try to restrict my visitation which were under pretenses that are too ludicrous to detail here. Thankfully that motion was denied and soon after this her second lawyer removed himself from the case. It has been 17 months since we separated and I was hoping time would calm her vitriol, my concern is that she is going to escalate the alienation and I need to put an end to it for the kids sake

I have the paperwork ready to file a Motion to Show Cause with regard to the new order.

My questions are as follows;

  1. When the motion is heard before the Judge can I provide the detailed evidence of willful disregard of the former order to show a continued and sustained pattern of non compliance along with the new instances of non compliance?

  2. Under the section “WHEREFORE, MOVANT PRAYS THE COURT as follows:” what relief is reasonable ask for other than the following given the circumstances listed above?
    1. That an Order to Show Cause be issued directing Respondent to appear before the Court
    and Show Cause why the Respondent should not be found in civil and/or criminal
    contempt of Court for violation of the Order regarding visitation as alleged:
    2. That the Court enforce the Order.
    3. For such other and further relief as the Court deems just and proper.


#2

You may attempt to bring up her violations of the previous order, however the judge will likely cut you off, as he/she is only to hear evidence regarding issues that have arisen since the entry of the last Order.

Your prayer for relief is perfectly appropriate.


#3

Thank you for your prompt response. I have been advised by others that friends not lawyers that " It seems like she’ll get away with it because she does not comprehend her obligations and mandatory compliance".

In your experience do Judges give leniency for someone not comprehending the order?


#4

The alimony is not counted if you are the payor. Alimony is only considered in a child support calculation if it is received by an ex spouse, not a party to the child support action.

Child support will likely not be modified in this case as it has only been 4 months since the entry of the last Order, the guidelines state that support can be modified after three years have passed, and when there is a change of 15% in the support figure.