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dunno · Nov 1, 2006, 01:19 PM

My fiance' has been denied his court ordered visitation with his daughter for quite sometime now. We finally got a court date set and it is November 8th. It's an evidentiary hearing so his ex will have to (I'm assuming) show cause as to why she has denied all visitation. Has anyone gone through this? I'm wondering what to expect... especially if the judge finds her in contempt. We have phone records showing that she never answers the phone and emails from her, denying visitaion. Any advice?

mr.yet · Nov 1, 2006, 01:23 PM

Evidentiary hearing is a show cause why she is denying visitation, they must have a very good reason or the court will find in contempt of a court order.

One must alsos show the a capable of caring the children, djuring visitation, one thing to remember, don't take anything personal during the hearing, remain calm and cool.

dunno · Nov 1, 2006, 01:36 PM

From what his ex says to us, there is really no reason why she's denying visitation. For example, the court order states that my fiance' gets reasonable phone access to his daughter. So he calls once or twice a week. The last time he ACTUALLY got to talk to his daughter was in April. He has called every week since then and when his ex finally answered the phone a month ago, she yelled at him for not trying to contact his daughter since April.

We went through all our phone records and it shows that between the first of May and the beginning of September, he had called 18 times. His ex said that she has caller ID and his number never showed up. However, we have emails from her telling him "Thank you for calling on the appropriate day. I'm sorry ***** doesn't want to talk to you." So right there is proof on her end that she knows he had called after the month of April.

SHe moved across the state (3oo miles from us) last September. My fiance' didn't hear from her until December so for almost 4 months, my fiance' had no contact with his daughter. (we tried repeatedly to get her address and or phone number from her lawyer but he didn't have it either) So in December, ex calls chewing out my fiance' for not seeing his daughter since August. How was he supposed to? He had no idea where she was!

Basically it's all lies on her part. But now she's blaming her lawyer for everything. Saying he didn't get in touch with her so she didn't know my fiance' wanted to see his daughter. But that is also a bunch of BS cause my fiance' emailed her repeatedly, asking to see his daughter since his ex refuses to talk to him on the phone. We even moved across the state within 10 miles of her so we could see her more. So far... hasn't seen her at all and he's supposed to have her every other weekend.

mr.yet · Nov 1, 2006, 01:43 PM

Take all the phone records with you to the hearing, take anything you have to show a pattern of abuse of the court order

dunno · Nov 1, 2006, 01:45 PM

If the judge finds her in contempt, what USUALLY happens?

mr.yet · Nov 1, 2006, 01:53 PM

That would depend on the judge. Does you spouse what custody? If so file the necessary paper work to get it, in case the judge rules against her, like I said punishment for contempt can very. Good luck!

dunno · Nov 1, 2006, 02:01 PM

I think there is a custody hearing to be scheduled after this evidentiary hearing... so yes we want custody. I believe that our atty. Has filed paperwork about this. This all seems to be an instance of Parental Alienation Syndrome and would hope the judge can see that! The mom has done nothing "in the best interest of the child." She lets my fiance' into their daughters life for a couple months and then takes away all visitation for several months. How can that possibly be healthy...

Thank you so much for your replies! I just hope nothing gets in the way of having court next week!

s_cianci · Nov 1, 2006, 07:52 PM

Document the phone calls with as much detail as possible ; time, date, etc. and print hard copies of the e-mails you speak of and take everything to court with you. Make backup copies before you go and keep these at home. Also, specifically ask the judge to find her in contempt of court. Since the visitation in question is court-ordered, she is in contempt. Take a copy of the original visitation order with you as well (and a backup for home.)