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sicylyjo · Jan 5, 2008, 09:33 AM

My X Husband is saying that he is going to file a attempt of court on me. I am wanting to know what is this ? How does this work and what will happen to me I mean will I have to go to jail??

mr.yet · Jan 5, 2008, 09:37 AM

Do you mean comtempt of court?

If so is their a court order you must be following?

dunno · Jan 5, 2008, 09:43 AM

Yeah, it's contempt of court. What is he saying you are doing wrong?

Fr_Chuck · Jan 5, 2008, 09:45 AM

Since this is an X, is there some term of the divorce you have not followed, if you have children is there some term of the child custody or child support you are not following.

But what happens if there is a court order in place, and one party is not doing what it says, the other takes them back to court to have the judge find them in contempt of court.

The judge can do several things,
1. just give you a new personal order to do what the order says to do
2. Fine you, if you don't do what you are suppose to do, the judge fine you for not following the order
3. and in the end, they can assign jail time to make you reconsider doing what you are suppose to do.

I was found in contempt once, the judge asked when I was going to do something and I told him when >>>> froze over. Cost me a few hundred dollars, learned my lesson on that one.

My son had a similar issue, his ex was not allowing him proper visitation, not being home when he was suppose to let him have the child, or just refusing to let him have the child overnight and so on.

It took several trips back to court but in the end ( if I understand the story correct) the ex would be fined any time she refused a visit after the last court date they had.

sicylyjo · Jan 5, 2008, 10:44 AM

Yes we are divorced and we do have a court order for child support and terms as to when he is and should be geeting the kids. He is to take them on Wed and everyother weekend but he will do this only when it is convent for him to take them and now the kids just don't want to go with him anymore. That is what happen he called the kids at 4:45 on wed and told them that he would be their at 5:15 to pick them up now he has not taken them or called them for sometime now they had made other plans so they were not their when he came to the house and now he is saying he is going to file contemp of court on me .

sicylyjo · Jan 5, 2008, 11:30 AM

My kids are 15 and soon to be 12 does this make any differents to the court order we made up when they were only 6 and 3 yeare of age?

There is a lot of things that are going on with him that is why they do not want to go with him. If he does call he demands what ever he is talking about or if the kids do not agree with him he will get made and start to curse at them and he will not give them a chance to talk when he his done saying what ever he fells he needs to say he will just hung up on them.

I fell that they are old enough to make up their own minds and if they want to go then they can but if they don't want to go then I have them tell him that they don't want to go. He blams me and tells me that I am allowing them to do what they want and that is not how it is going to work that they are his kids and he will see them no matter what. The things when they do go over their they do not have their own space nor their own place to sleep they have to sleep on floor or the couch my oldes if she is luckly and her step brother will let her she can sleep in his bed but not enough room for the both of them to sleep. When they do speen the night they bring them home late and they miss the bus to school.

I guess what I am saying is do I have grounds here do I really have to make them go?

Fr_Chuck · Jan 5, 2008, 12:19 PM

There is a court order in place, if you don't make the kids available he can take you back to court to be held in contempt. If you want to change his visitation agreement, you will have to take him back to court and ask for a change to be made.

JudyKayTee · Jan 5, 2008, 03:36 PM

Originally Posted by sicylyjo

my kids are 15 and soon to be 12 does this make any differents to the court order we made up when they were only 6 and 3 yeare of age?

There is alot of things that are going on with him that is why they do not want to go with him. If he does call he demands what ever he is talking about or if the kids do not agree with him he will get made and start to curse at them and he will not give them a chance to talk when he his done saying what ever he fells he needs to say he will just hung up on them.

I fell that they are old enough to make up their own minds and if they want to go then they can but if they dont want to go then i have them tell him that they dont want to go. He blams me and tells me that i am allowing them to do what they want and that is not how it is going to work that they are his kids and he will see them no matter what. The things when they do go over their they do not have their own space nor their own place to sleep they have to sleep on floor or the couch my oldes if she is luckly and her step brother will let her she can sleep in his bed but not enough room for the both of them to sleep. When they do speen the night they bring them home late and they miss the bus to school.

I guess what I am saying is do I have grounds here do I really have to make them go??

Go back and Court and request a modification - your children are now old enough to have a say in the proceedings. Family Court is really "user friendly" - you don't need an Attorney. I'd get there before your X files a contempt charge against you - if you think he really will.