Motion of Contempt for Visitation
by Beverly from North Lauderdale, Florida, Broward County
My ex filed a motion of contempt of court stating I refuse to let him see our daughter, what to do?
1. June 2010 my ex took me to court for a restraining order, case dismissed no evidence.
2. August 2010 called DCF on me, claims I don't feed our daughter, no findings, as a result I requested counseling for our daughter and she is receiving.
3. December 2010 ex filed a contempt of court order stating that I am refusing to let him see our daughter.
He has not picked her up in one month. I detail logs of pick up and no shows. I have logs of picked up and no shows at the police station and the daycare will give me a letter stating that he has been picking her up on Wednesday.
He does not inform me when he is not picking up but will text me "nasty words". He told my daughter yesterday that he is not picking her up till the court says it is okay. Also, I have my daughter's daily school planner that he's been signing when she is at his house.
My question: what will the judge do at this point. My daughter is being hurt and today I had the cops call him to verify pick up for today and he said no.
I already responded to the contempt paper, I provided a detail log of pick up and no shows. What should I expect at court? What do I do in the mean time? My daughter has a text from him stating he won't pick her up until the court says so, however we already have mediation paper work with set visitation.
Answer to Florida Child Visitation Question
My suggestion is that you go to the contempt hearing and explain to the judge what has been going on.
Take to the court hearing any documentation that can prove that you are not in contempt of court.
Take your log with you; a letter from DCF showing that the complaint was unfounded; print out the text that he sent to your daughter.
That text shows that he may be trying to convince your daughter that you are keeping him from seeing her.
If all he requested in his motion for contempt/enforcement is that the child visitation/ time-sharing be enforced, and you are already complying and can prove it – he is just going to look foolish and vindictive. Notice:
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