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View Full Version : Going back to court, advice please


cunfuzed
Oct 19, 2010, 08:50 AM
Ok, well it looks like my ex is taking my back to court. No surprise. He is once again accusing me of denial of visitation. He did this last year in 2009. He cited 3 occassions: One in which he actually had visiation, another where he called to say he wasn't coming, but showed up, and another where it was a holiday but wasn't his visit.. All were proven to be unfounded and was denied.

Now this time I have no idea what he is talking about. I only remember he missed a weekend because it snowed. I also missed showing up for a 2 hour weekday visit because I simply forgot. I will admit to those but Ive never intentionally withheld visitaiton from him, not for weekends, weekday visits, or holidays. So what now? I actually agreed to allow an extra day during summer vacation to make up for some of the time. If the judge wants to add an one overnight and 2 hours for a snow day then fine but really... whats the worse that can happen. I had accidentally deleted all of my emails because my email address got hacked. My ex is really stirring up unnecessary trouble in my opinion. He moved 14 hours away a month and a half ago, has not bee consistent with child support, and hasn't even called to speak to ds. My position has always been to do nothing even with regard to his contempt of CS cause its not worth dragging us back in to court.

Opinions and advice please.

PS: I had a lawyer last time and she was very good but Im going at this alone this time. It's a waste cause it seems like the court magistrates already have their mind made up before you walk in to court. It has never worked out in his favor (he's asked for modification of CS 4 times since 2007)

cunfuzed
Oct 19, 2010, 08:54 AM
Also, the only reason I know I'm going back to court is because I checked my state's judicial court case database and the judge just signed a show cause order that was filed in August. During August, ds was on vacation with me. The first half of the summer he was on vacay with him. I didn't miss any dates.

cdad
Oct 19, 2010, 03:30 PM
First off its not a good idea to rely on emails unless you save them to disk and back them up on a reguler basis. If nothing else print them out and keep them in a folder. This way you have some kind of record.

Just go to court and see what is said. Wait your turn and speak clearly while looking at the judge. The rest is up to the judge.

cunfuzed
Oct 19, 2010, 05:06 PM
Thanks. We have went to court before and the magistrate didn't even want to read the emails.

cdad
Oct 19, 2010, 05:10 PM
Thanks. We have went to court before and the magistrate didnt even want to read the emails.

Doesn't matter. At least you have them to reference to rather then like now you don't have anything because it had gotten erased.

Fr_Chuck
Oct 19, 2010, 05:24 PM
Yes, keep and always have them, remember it may be a different judge the next time, or there may need to be evidence on something they judge may believe next time

cunfuzed
Oct 19, 2010, 05:54 PM
The only emails I have are starting in sept when he told me on a Friday he was moving to fl for a new job. I have another when after being gone over a month, he came into town, and without prior notice, tried to take my son out of daycare on that Friday. He tried again on Tuesday and tried ot say he was only trying to visit. I didn't even get a call that he was coming to town. I would have made arrangements for visit. I was a little disturbed by this incident and so was the day care director because he threatened her saying he would get the court order. Well his visitation schedule doesn't include daycare hours. I would have been open to arranging something, but that was unusual

cdad
Oct 19, 2010, 06:22 PM
Those are very important. Be sure to take them with you in case he tries to turn the situation around. That way you have it with you.

cunfuzed
Oct 20, 2010, 06:24 AM
I think this will be less about missed visits and more about child support and bashing me in court, which he didn't get a chance to do before because we had lawyers. Im just going to sit it out. He did not request a modification to the current visitaiton plan, so does that mean the judge will only focus on the dates in question, and regardless of the result, the current parenting plan will not be changed?

cdad
Oct 20, 2010, 12:07 PM
What exactly is he taking you to court for? Is it for contempt? Or is this for visitation?

What do the court papers say?

cunfuzed
Oct 20, 2010, 01:04 PM
I haven't received the court papers yet. I looked on the state database where the cases are always updated and it says that a contempt for denial of visitation was filed. And a show cause order was signed by the judge this week. So I expect to be served in the next two weeks, if he decides to move forward with this case.

cunfuzed
Feb 10, 2011, 06:51 AM
I finally received the summons related to the contempt motion filed against me. I am going pro se this time so my response was only a few sentences, acknowledging receipt of the summons, denying all the allegations, and stating that I would be present for the court date. Is this an appropriate response. Please help. I would like to turn my response in today.