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Contempt of court..
Anonymous6 views2 answers
My ex husband has primary custody of our 5 yr old daughter and the final order states that mothers day weekend visit is to take priority over the regular schedule. The order states that these visits do not have to take place in his place of residence until she starts school. This hasn't happened yet and he is trying to force my hand in exercising this weekend in rock springs wy. Is this contempt of court? And which motion should I file to file contempt of court.
We can't tell you exactly if it is contempt of court without seeing the order, but it sounds like it is. You should make sure that the orders say the whole weekend and not just the day, to make sure you are clear. What motion to file depends on what state the orders are out of. If they are from Colorado, you can go to the Colorado judicial website and click on the forms section. There is a form contempt motion under the family law section. If the orders are from Wyoming, you'll have to see if they have forms available online for your use.
This depends on whether we are talking about Colorado law or Wyoming law. In Colorado, if a parent wrongfully withholds parenting time that is designated in a parenting plan (adopted as an order of the court) or through a court order, then usually the best motion to file is called a Motion to Enforce Parenting Time. You basically allege that there is an order giving you specific parenting time and the other parent is wrongfully withholding that parenting time. If you prove this occurred, the court can award you make-up parenting time, modify the previous order to prevent this from happening again, and award you with attorney's fees/costs for the necessity of filing the motion. These motions are also on an expedited court schedule, in hopes that the court will address your lost parenting time faster than a contempt or other kind of motion would end up on the court's schedule. Alternatively, you could file a contempt, but it may not be your best, most effective method. You should speak with an attorney about your case so your orders and parenting plan can be reviewed, as well as to determine whether Colorado or Wyoming law will apply.