my ex filed a contempt of court on me stateing i didnt let him talk to his son on phone and that i was using babysitters and not him . well it is not true. i have never had a babysitter and im ma stay at home mom, child only been with me and his father. child is 4 yr old now he was 2 when his dad filed the contempt. i have never kept his son away--but his father calls everyday--and sometimes we are not home. and father gets angry..what can i do on this frivlous contempt- by the way he filed this almost 2 years ago and he still hasnt took me to court or have a court date.his lawyer wants me to settle out of court at mediation and gie ex more time
State/Country relating to question: Georgia
-Could you explain your situation a little more?Has this actually been filed in the court?
Are you saying the court has never set a date for a hearing?
Does the father have reasonable visitation at this time?
yes it was filed in court. and never scheduled a court hearing though. yes father gets visitation and he has never missed a scheduled visitation. he gets 2 weekends a month and he gets rotating holidays and 3 weeks in summer . but he wants 4 weeks in summer and fall break and winter break too.
-Could you explain your situation a little more?Is there a court hearing set for the contempt motion or was this 2 years ago as well?
Is the only issue the motion to increase or amend the visitation and that he has lied about you not permitting contact or using babysitters?
Is there anything in the custody order that does not permit babysitters whether you use them or not?
ex filed for contempt 2 years ago in court but there was never a hearing set, due to his lawyer wants to set up mediation hearing and doesnt want to goto court, i do not agree with mediation hearing, so its been just froze, and they have never got a hearing set. and theres nothing in our viistation papers that states i can not use babysitters. truly he shouldnt have filed contempt on me he should have just request more visitation time but he filed contempt- which is frivlous in my opioion cause child was 2 years old and trying get 2 yr to talk on phone everyday is a challenge but papers do state father has right to contact child every night. and my ex does call every night. but gets angry if he dont talk to child every night-yes the contempt filed was 2 years ago, and all his lawyer tells me--is all my client really wants is more time--and a mediation date and etc--but my feelings are then why did you file contempt on me. i have not violated nothing in our paperwork.
I agree with you. I see no need to agree to anything and you certainly are not in contempt of court so no court is going to rule that you are. You have every right to stand your ground and you don't have to agree to mediation unless ordered to do so by the court. You still don't have to agree to anything and you would have the right to have the entire issue decided by the court.
last question, since they filed this contempt charge on me 2 years ago, and i wont agree to mediation. then how long can they drag this out ,,and not goto court or do they have to goto court since they filed a contempt. i dont understand how they can file a frivlous contempt and then just do nothing 2 years later.
The reason is because the court, for whatever reason, has failed to act. So it appears that the case is just sitting on the docket with nothing happening. You can simply tell the lawyer to set it for a hearing but that you are not going to mediate. You could be ordered by the court to mediate but the court cannot force you to agree to anything.
25 years experience as practicing attorney
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