My ex and I entered into a Permanent Custody Agreement approx 5 years ago. Each year since then we have returned to mediation to decide visitation based on our child’s school year. This was called a Parenting Agreement. This year we did not agree in mediation. We were informed we would have to have the matter decided upon by a judge. Our visitation agreement ended at the end of summer. Pending our court date my ex requested visitation in Oct. We could not agree on dates. Our custody/visitation schedule was decided by a judge in Nov. My ex has had visitation with our son over the holidays. He filed a motion of contempt against me in Dec saying that I willfully denied visitation and during the few months our hearing was pending based on the Permanent Custody Agreement. Does he have a case?
You cannot be held in Contempt without violating a court order, since no appears to have been in place, he does not have a case.