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contempt to court.......

hammesamie's picture

Submitted by hammesamie on Tue, 09/04/2007 - 8:13am

So bio mom still hates me, after 4 years of being with my husband. In my last post I told you how she got mad and went to get a restraining order becuase I told her she needed to put her 5 year old son on a diet and quit giving him cheetos and coke as a snack. Now last night she tells my husband if he can tlak to her like an adult she will start being an adult. They had a nice conversations and even though half of it was her bad mouthing me, I bit my tongue and said nothing. About 30 minutes into the conversation the phone was going dead so he told her he would have to get off, and she replied by saying, until your wife can see that she has no vote on my son, then I am not letting him come to your house. He told her there was a court order, and she said the police laughed on that and told her if she didn't give him to us, all they would do is basically slap her in the hand. We live 3 hours away and have FAITHFULLY gotten this child, but I told him the 60 dollars in gas we will spend could pay a bill if we are going to come home empty handed. I do not want to go there just to make it upset him for what she is doing, and even more have the police involved and make my SS scared. I told him to call the court house and tell them what is going on, but he says she has to give him up. I do not think she actually does, I think the cops are right, that she will merely get a slap in the hand. Does anyone else have experience in this???

Comments

luvdagirl's picture

Submitted by luvdagirl on Tue, 09/04/2007 - 8:59am

Carry the court order with you, we have been on this road too, and in our state if the court order is present they will enforce it. If she does refuse then its a visitation interference and here that comes with a $75 ticket and on the third time it becomes a criminal act instead of civil. Hey 4 years of being hated is sucky but I've been in the hated plan for 10 now and almost consider it an honor- its how I know I am still doing the right thing- I'll worry when she likes me!

These are illinois laws and may differ in your state.

There is no reaon where logic does not exist

Candice's picture

Submitted by Candice on Tue, 09/04/2007 - 12:46pm

It is true that police can't do anything to get your visitations for you, but you drive 3 hours one way and if she is a no show, then you immediately call your attorney and let them know you were denied visitations. That my friend is where her trouble will begin.

Years ago, we experienced this, and it was no laughing matter to the judge. We drove 83 miles one way for her to not show up. We called our attorney, and she immediately filed contempt of court. We went to court and the judge found her in contempt (it did help that she didn't bother to show up to court...). Judge's don't take lightly their orders being disrespected, and they will see thru her bs when it comes to them being disrespected.

In my state (WA), contempt of court for the 1st offense means that the non-cus parent is given equal amount of time made up that was lost, possibly 100% of legal fees paid, and possible jail time. When our bm was held in contempt, we got one weekend added to our summer visit that we lost, and 2/3rds attorneys fees/court cost paid by bm. On the 2nd offense, double amount of time is made up, court costs, and possible jail time, and if they are dumb enough to do it a 3rd time, a judge can remove custody from that parent, and award it to the other parent.

You probably will travel 3 hours and not see your ss at least once during this nonsense, it is guaranteed to happen at least once. But, when you get them held in contempt of court and they are yelled at by a judge, they won't be stupid enough to do it again, unless they don't want custody of their kids.