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Home > Family & People > Divorce   »   Visitation

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Old Jul 17, 2005, 04:26 PM
MS220
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Visitation

My friend was suppose to pick up his child for the second go round of visitation. He called the moms home 5 hours in advance to make sure she didn't say she forgot or bring up any other lame excuse. Well when he called her dad answered the phone and said he would call her at work. Well the pick up time came and left. (no baby). She calls him the next morning saying she didn't receive his message (YADA-YADA). My question is if she is court ordered to have the child at the designated place can't she be found in contempt? Or would a judge just see this as a simple mistake? You shouldn't have to be reminded of a court order.

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Old Jul 25, 2005, 07:29 AM   #2  
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Contemp

Hi,
No, just one instance probably will not be seen as "contemp" by a judge. But, if it continues, it probably will be.
Best wishes,
fredg
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Old Sep 11, 2005, 06:19 PM   #3  
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Technically, the mom of your friend's child is in contempt and could conceivably go to jail. Most likely, however, the judge will leave her with a slap on the wrist and an (empty) threat. There's still a strong double standard in most family courts, even in this day and age of supposed total equality. However, you should encourage your friend to take legal action against the mother everytime she violates the visitation order. The judge can't ingnore her flagrant disregard for the law forever.
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Old Sep 12, 2005, 04:42 AM   #4  
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Contempt

Hi,
As the other post indicates, probably nothing will happen this first time. However, I agree with taking it to court. Somewhere along the line, if it continues, the judge will take positive action.
Best of luck,
fredg
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