Temporary? Case Dismissed?


#1

In January my ex-wife was given temporary custody of our children with us alternating weekends. “Temporary” is what the signed order says, and there was a follow-up hearing scheduled a month ago. I showed and she didn’t, which didn’t make the judge very happy. He asked me if I knew where she was and then said he was “dismissing her case”. Does him dismissing her case change anything in regards to the temporary order, or does that remain in place indefinitely until it’s superseded? She repeatedly refuses to share where she and the kids live and at times comes up with an excuse to not exchange them on my weekends. I realize she’s in contempt, but other than the courts having documentation is pursuing that a waste of time or a necessary starting point?


#2

If the judge entered a dismissal of the complaint, then the order should not be enforceable. I am confused by your use of “my weekends.” If you do not have a child custody order in place that gives you set weekends, then you don’t have the ability to enforce when she doesn’t allow the children to come with you. You should file your own claim for custody and ask the judge to put a schedule in place.


#3

In January my now ex-wife was given temporary custody of our children with us alternating weekends. “Temporary” is what the signed order says, and there was a follow-up hearing scheduled a month ago. I showed and she didn’t…


#4

My point was that if the case was dismissed, the order is no longer valid, therefore they aren’t your weekends any more, and you have nothing to enforce.


#5

So either way she has a problem? If the temporary order in January was dismissed along with her case, then her actions are grounds for a new custody dispute. But, if I’m ignorant and the temporary order is actually still valid, then she’s in contempt, correct?


#6

Correct. If the order is still valid, you need to file a motion for her to be held in contempt.