Contempt

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Contempt

Postby Vega » Wed Jul 11, 2012 8:46 am

NJ kept the children from me this last week. I am supposed to have 2 days a week by order with her getting the first weekend each month. That doesn't mean I don't still get my two days. She did this once before on mothers day. With my shift work the order doesn't have specific days but rather leaves it to us to determine (I hate that by the way and it's not what I wanted). So I showed up at the exchange site as she and I communicated she would be there...and she texted me 20 minutes prior saying she wasn't dropping them off because the order didn't say I get them after her weekend. I went to an attorney that suggested I could file a contempt but I should do it without an attorney because of the $$. Do you have any suggestions? I have emails documenting she kept the kids.. is one or two offences enough to hold her in contempt?
Also is there a way to get specific times and days put into the order now? Since so many issues are surfacing due to clarity of the order and NJ?
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Re: Contempt

Postby KeepingMyKids » Wed Jul 11, 2012 8:55 am

Usually one or two instances of contempt isn't going to raise a judge's eyebrows much (unfortunately). As vague as it sounds, I'd think about filing a Motion to Clarify. You want things to be as cut and dried as possible when dealing with a NJ, no wiggle room or grey areas.
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Re: Contempt

Postby Vega » Wed Jul 11, 2012 9:28 am

KeepingMyKids wrote:Usually one or two instances of contempt isn't going to raise a judge's eyebrows much (unfortunately). As vague as it sounds, I'd think about filing a Motion to Clarify. You want things to be as cut and dried as possible when dealing with a NJ, no wiggle room or grey areas.



Which form at the court would I fill for a motion to clarify?
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Re: Contempt

Postby KeepingMyKids » Wed Jul 11, 2012 9:35 am

There isn't a form, per se; it's going to depend on the formatting requirements for your local courts. A lot of times if you go to the law library in the local courthouse, they will point you in the right direction.
"Your problem is you shook a wh0re tree and expected an angel to drop out."
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Re: Contempt

Postby Ilovemyboys » Wed Jul 11, 2012 9:54 am

KeepingMyKids wrote:Usually one or two instances of contempt isn't going to raise a judge's eyebrows much (unfortunately). As vague as it sounds, I'd think about filing a Motion to Clarify. You want things to be as cut and dried as possible when dealing with a NJ, no wiggle room or grey areas.



So contempt is not as bad as it sounds?
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Re: Contempt

Postby Fatheroffour » Wed Jul 11, 2012 10:23 am

Every situation is different but in general,no.
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Re: Contempt

Postby aero_8 » Wed Jul 11, 2012 11:54 am

I would think a motion for contempt along with a motion to clarify. It does sound like a pretty clear contempt violation. You agreed on a time, as per court order... she cancelled without notice or explanation. If you're going to court for a motion to clarify, why not file the contempt at the same time?
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Re: Contempt

Postby Chosen2Dad » Wed Jul 11, 2012 7:48 pm

So, if she files contempt on us...it's not as bad?

Try to get as many motions to cut back cost...I would think combining would be less than individual and at different times..then judge could address all at once?
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Re: Contempt

Postby KeepingMyKids » Wed Jul 11, 2012 8:15 pm

atoice wrote:So, if she files contempt on us...it's not as bad?


Just the opposite, it's exponentially worse. Because you're the man. Welcome to the American family law system.
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