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Contempt in Ohio

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  • Contempt in Ohio

    When you file for contempt, do you need to prove more than one incident? My husband's ex always frustrates visitation, but this incident was a pretty serious one. She claimed that my stepdaughter could not fly and had a note from an ER doctor. We talked to the doctor and she told us that she told the mother that the child was fine to fly. My husband's ex was adamant that she write a note saying that she could not fly. The doctor told us she was pressured into writing the note. Do you think this is a serious enough incident? Thanks for your advice.

  • #2
    A pattern should be proven.

    You would subpoena a ER doctor to a modification of custody hearing?

    Comment


    • #3
      This is my husband's daughter. He is the NCP and his ex wife is the CP. I am the stepmother (I have been around for almost half the child's life). She is withholding visitation with a "pressured" doctor's note. She hinted to the fact that she would not put his 9 year old daughter on a plane for months (we are in Georgia, she is in Ohio). She drug his daughter to the ER and subjected her to all the tests for a "dry cough." Her manipulation is causing a fear of flying in my stepdaughter which I feel is a form of mental abuse.

      Comment


      • #4
        Not that this is any of your business and it is not part of the original question, but my husband is in the military. They (his ex and daughter) lived in Georgia. When they were divorced, the ex moved back to Ohio with his daughter. He can not move back to Ohio, nor does he really want to. He wants to spend as much time as possible with his daughter, and the court has a visitation schedule to accomodate NCPs that live out of state. My husband did not have court ordered visitation until July (he went to court for it due to his ex not allowing companionship time). She does not like the loss of control, and is now withholding visitation.

        Comment


        • #5
          Jimbo recently had his posts removed for not playing well with others. I suggest letting some information go by the wayside.

          Comment


          • #6
            Originally posted by jim_bo
            Shut up unless you have something constructive to say.
            I rest my case

            Comment


            • #7
              My husband is committed to the military (has been for the last 14 years). His daughter is 9 years old. We filed for a custody change, and settled on setting his own visitation schedule instead of doing the trial to change custody. He did this because it was severly affecting his daughter. We made the decision to not discuss any of the custody information with his daughter, yet, the mother thought it was the child's right to know everything (his daughter was read the affidavit and all other legal documents). Needless to say, his daughter hears one side of the story (we still refuse to talk to her about most of the custody stuff because we feel she is too young) and she is being manipulated.

              We are going to file for contempt. His ex needs to know that he is not backing down and wants his court ordered visitation time with his daughter.

              Comment


              • #8
                Momto2inGa...

                File for contempt. If you do not establish a pattern in court showing that the mother is in contempt, there will not be a possibility of legal resolution at a later date if your husband decides to file to modify custody. Both parties are required by law to abide by the court order. If your husband allows her to defy that order at will, the situation will never improve, and will, in fact, only deteriorate. A child having a cold is NOT a reason to keep the child from flying on an airplane. If the child had had the flu or an illness such as strep throat, that is a different story, but a cold just ain't gonna' get it, whether she had a "doctor's note" or not. All you have to do to show that she was able to fly is to find the airlines guidelines in regard to who may or may not fly if he or she is ill. Have a copy of the doctor's note and a copy of the child's medical record (your husband has just as much right to those records as the mother does). You don't have to subpoena the doctor. When her records show that she was NOT seriously ill, that is all the court will need to see that visitation was willfully denied.

                Disregard some of the posters that are responding to you. One has been known (and had the posts removed) to give out very bad and potentially illegal "advice" (not to mention insulting, rude, completely uncalled for comments anytime somebody disagrees with his 'esteemed, enlightened advice') and the other's entire history of posts is limited to chastising people for posting their situations on a PUBLIC (his capitalization) forum and to get an atty.

                I have filed for contempt and had a very different outcome than the others.
                Last edited by mommyof4; 12-28-2006, 07:02 AM.
                HOOK 'EM HORNS!!!
                How do you catch a very rare rabbit?
                (unique up on him)
                How do catch an ordinary rabbit?
                (same way)

                Comment


                • #9
                  Originally posted by jim_bo
                  Once again I offered reasonable, sane advice to someone who asked for it and you have turned it into a personal attack simply because you have a different opinion. I just don't understand why you have no room in your life for differing opinions. What is wrong with offering differing points of view to the Original Poster and let her and her husband consider them both before they decide on a course of action. I am really glad that you have had success with the contempt route. However, it was nothing but a nightmare for me as my ex is very much like the descibed ex here. I wish nothing but the best of the OP, her husband and step daughter. I hope that this is resolved by whatever means and that little girl doesn't have to suffer through the hell my son did. But for you to simply come here and instruct the OP to disregard my opinion is not only the height of arrogance, but it insults the OP's capacity to decide for herself and it insults the trauma that my son endured. You should be ashamed.

                  Now, here we are again. This has happened on at least three other threads. I have offered advice/opinion to a person who solicited it. I have been attacked for having a different opinion than another poster. I have defended myself against this attack. I am sure censurship will be soon to follow.

                  Jimbo
                  I didn't "insult" you. I stated fact. You are the one that has a problem with differing opinions. This response is case in point. And "I" only disagreed with you on ONE thread (and that was because you were being an immature twit when asked to stop posting on dead threads...by which you responded with multiple insults and irrational anger)..the others...if you will bother to pay any attention, you will note that while I may not agree with your personal view, I did agree with the legal standpoint.

                  And no, I am not ashamed, as I have absolutely nothing to be ashamed of. Maybe you should ask yourself why perfect strangers' opinions of yourself and your son (which, I am pretty sure that I never expressed about you PERSONALLY) mean so much to you. From your posts, you were successful in ensuring that your son was raised in the best environment possible, he is a great young man and you have much to be proud of. (Although, I did find the line that the first time a poster recieved a child support check from the mother, he would feel as if he struck a blow for paternal rights to be a bit pro-father, as opposed to pro-child...which indicates to me a definite agenda ) Please show me ONE example of MY posts that I have ever personally attacked you or your son. I'll wait. Oh, you can't? Then knock it off.

                  And for the last time, stop hijacking other's threads to argue with others you don't like. It did get you removed yesterday. It had nothing to do with disagreeing or differing of opinion. It had to do with your behavior in doing so.
                  Last edited by mommyof4; 12-28-2006, 07:39 AM.
                  HOOK 'EM HORNS!!!
                  How do you catch a very rare rabbit?
                  (unique up on him)
                  How do catch an ordinary rabbit?
                  (same way)

                  Comment


                  • #10
                    Originally posted by jim_bo
                    For you to be so dismissive of my opinions based on the trauma my son endured over the past twelve years is VERY insulting. However, you seem to be able to see nothing but your own point of view.

                    You were not stating facts. You stated that I offered potentially illegal advice. I reject your notion that any advice I have offered is illegal and I also reject your capacity to make that determination. However, I guess I am confused when you say that I offered illegal advice yet you agree with my legal standpoint.

                    You say I am the one who has a problem with differing opinions. Yet you come into this thread and tell the OP to disregard all I have said. I have not attacked your opinion. I did not tell the OP to disregard your advice because it is different than mine. I would rather offer my opinion as simply opinion. When you offer your opinion and then tell the OP to disregard other opinions, you now cross over the line into giving the OP direction. That is WRONG.

                    Jimbo
                    Still doing it I see. Oh, well, I will just handle this differently. Have a nice day.

                    (and the potentially illegal advice is when you advised a poster to take her son whether or not there is a custody order based on HER "feelings" and assesment of the child's living environment. It is illegal to defy a court order...just as it is illegal to defy the court ordered visitation in this case. Your "opinion" did not clarify the point of "if there is no court order".) I qualified that for you on multiple occasions.
                    HOOK 'EM HORNS!!!
                    How do you catch a very rare rabbit?
                    (unique up on him)
                    How do catch an ordinary rabbit?
                    (same way)

                    Comment


                    • #11
                      Hmmm, in case you didn't notice...I specifically addressed the OP and her situation. (I even cited what evidence she would need in court.) I then stated facts about you and your friend to give her a reference to base her judgement of your "advice".

                      Still waiting for the personal attack on you and your son. When disagreeing with your opinion, would it make you feel better if I preface it with, "Dude, I know you and your son went through hell for 12 years, and you should be commended for being a parent, but I think your opinion will lead to more legal problems than they solve in the short term"? Would that soothe your feelings? I'm not your mother, and I'm not your confidant. I don't have to take into consideration your personal feelings. When you give information that has the strong potential to cause more problems than it solves, I WILL continue to dispute your "opinion". If you can't handle that, find someplace else to vent.
                      HOOK 'EM HORNS!!!
                      How do you catch a very rare rabbit?
                      (unique up on him)
                      How do catch an ordinary rabbit?
                      (same way)

                      Comment


                      • #12
                        Originally posted by jim_bo
                        If you will look at post 59 in the thread that you state I made "illegal advice", you will see where I demonstrated that you can go against a court order legally if the situation warrants. Neither you nor I are lawyers. What makes your opinion of the law any better than mine?
                        Ummm, reading the actual statute? Custodial interference is on the books in all 50 states. The other poster stated absolutely nothing that would hold up as an affirmative defense if the father did decide to persue charges.
                        HOOK 'EM HORNS!!!
                        How do you catch a very rare rabbit?
                        (unique up on him)
                        How do catch an ordinary rabbit?
                        (same way)

                        Comment


                        • #13
                          Originally posted by jim_bo
                          Well, based on my personal experience with an ex wife that is much like the ex wife described by the OP, YOUR advice will cause considerable damage. But that makes me neither right nor wrong. It only means I have an opinon based on my experience. I have not instructed the OP to disregard your opinion. I don't see what makes you so ****y that you think she should just disregard mine.

                          Jimbo
                          Because you are advising her to 1) disregard any legal recourse to resolve the situation, therefore letting the mother get away with defying the court order, and 2) to resolve this issue, to move to Ohio (even though the mother is the one that moved) and just suck it up.

                          Here is a point that you need to consider. If the OP's husband does not have an established history of contempt and trying to resolve the situation, if at any point in the future, he tries to modify custody, unless he can show the mother is outrageously unfit to care for the child, the court's first question will be "what have you done to try to resolve this situation? Why is it so bad now that you feel custody should be changed, thereby disrupting this child's entire life at this late date, if you did not think it has been worth persuing during the passing years?"

                          YOU had a case because your ex filed multiple, frivolous contempt charges against you, and after an established pattern of her modus operandi, the court recognized what she was doing and realized that your son would be much better off with you (along with other issues, I am sure).

                          This is the same type of situation, only in reverse.
                          Last edited by mommyof4; 12-28-2006, 08:22 AM.
                          HOOK 'EM HORNS!!!
                          How do you catch a very rare rabbit?
                          (unique up on him)
                          How do catch an ordinary rabbit?
                          (same way)

                          Comment


                          • #14
                            Originally posted by jim_bo
                            I think this thread is a fine example



                            Well, aren't you the pot calling the kettle black?? As I review this thread, it appears that "IsThisLegal" and I were having an exchange of opinions with the OP when YOU and GotSmart came in and tried to hijack this thread by attacking me and IsThisLegal.

                            But hey, don't let the facts get in the way of your pre-formed opinions.

                            Jimbo
                            Fact, That is a blatant lie.

                            If you and your other "identities" want to "debate", sit in front of a mirror. Giving bad "advice" on a law forum is counterproductive. You are causing more harm than good. Telling emotional people to go against the law will only get them in a worse position. This forum is for legal advice, not how you feel.

                            You do not have anyone fooled by using multiple identities to agree with yourself.

                            http://members.aol.com/MacedonPg/tmaod.htm

                            Comment


                            • #15
                              I thought neither of you hijacked threads...

                              To the OP:

                              File for contempt. Visitation orders cannot be disregarded on a whim.

                              Comment

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