I have a parenting plan in place. My ex doesn't have a problem taking advantage of it. Like the last three out of four Chritmases I havn't had my kids on Christmas Eve. I'm tired of fighting. Should I have here held in contemp of court? Should I file a police report? Should I sue for support back payment? I don't have tons of money for attorney fees but I really don't have alot of options .
Contempt is a civil remedy, the police won't get involved with this. You can look for the forms at http://www.courts.wa.gov under "court forms" and you should seriously consider lawyering up. If you are in Spokane, Kelly Padgham is there and very good. You can find her on this site or http://www.wsba.org
Hope this helps. Elizabeth Powell
Addenda - and you can ask for the civil fine and to have your ex pay your attorney fees and your costs. You didn't cause this situation, he did. Elizabeth Powell
If you don't do anything, ex will keep pushing it. If cost is a concern, talk to the family law coordinator on the first floor of the courthouse. She can discuss the appropriate forms. The main thing you need to do is assert your rights under the Parenting Plan. If it says Christmas Eve from 12-8 you show up at 12 to pick up. You don't say why you haven't had your kids on Christmas Eve, only that it is because of the Ex. The court will find Ex in contempt if you prove ex intentionally violated the Plan in bad faith. You need to make sure you are doing what is required under the Plan. The Facilitator may help you understand this issue. She is free. There is also a Family Law advice Clinic through the Volunteer Lawyers Program of the Spokane Bar Association.
Police report is no good, as police aren't going to do anything about that; they don't interpret the Plan.
If ex hasn't been paying support, then you can also ask that the court find ex in contempt.
Contempt can get you makeup time, a penalty and something towards your attorney's fees, and each new time ex is found in contempt, the penalties increase.
You can save costs with an attorney, who bills by the hour, by writing out in detail what provision was violated, what facts you can prove to support the violation and who can support your facts - you or others. The more you do to help the attorney, the less time it will take to put something together. It doesn't have to be pretty or perfect, but the less time the attorney has to spend getting the information from you and into a clear format for the judge, the cheaper it will be.That will save the attorney time and can be more efficient. Then you can e-mail the attorney and he or she can cut and paste to create a Declaration for any witnesses you have. First step would be to run the facts by an attorney to see if you have enough to prove contempt.
