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Good Evening, I am a teacher and am used to writing long paragraphs. I will work to keep this brief. June 2011-Sumter County Family Court, South Carolina Agree to let spouse take kids and move out of state due to job in family court. Judge orders that I have visitation during the summer, Christmas and New Year's holidays every year, and we rotate the spring break and Thanksgiving holidays due to travel from South Carolina to Texas. Judge set as a temporary order. Spouse pays 75% and I am responsible for 25% of travel costs for visitation. June 15, 2011-Sumter County Family Court, South Carolina Ex-Spouse's attorney files an appeal to have costs split 50/50. Judge declines to modify court order. Spouse files to appeal February 2013--Ex-Spouse requests mediation on visitation Ex-Spouse wants Christmas visitation every other year and half of the summer. I still live in South Carolina and she lives in Texas. I decline to modify, we satisfy 3 hour mediation requirement. May 2013--Court Date set for Trial What will it take for my Ex to overturn the Judges order from June 2011? The only time I am off from work, as an elementary school teacher, is Christmas, New Years, Thanksgiving, Spring Break and summer; thus the ruling and order from June 2011. She will say she wants equal access during the holidays; but she agreed to the court order prior to moving. How will this work for or against me? --Side Issue to consider-- I sent my dates for visitation for summer visitation by the required date and now she wants to cut into those times due to her retirement from the military. It is written in my order, that father's visitation takes precedence in regards XXXXX XXXXX visitation. I would not mind changing, but I scheduled my dates due to my school training at the end of the summer. I feel I have met reasonable doubt, but I am concerned about my visitation times being cut short. It went from every other weekend and Thursdays, to holidays, to even less now. 1. What approach would you take to this case in court? 2. Does the judges prior order have any say how the current judge will rule?
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Thank you again for your patience.
1. Won't the judge be upset with frivolous paperwork when we have a trial date set for the 28th, if I drive up to Sumter County and file the Contempt?
2. Can I hand deliver the contempt I filed with the court to the plaintiff?
What is the procedure for filing a contempt order with the family court? I have searched the internet for this answer but cannot find a solid answer. I know there will be a filing fee, are there any others?
I keep looking at this case and have run through the what if scenarios and cannot see how she will have a ground to stand on. By letting her move to Texas to finish her military career and take the kids, my visitation was cut from 35% to less than 15% now.
Are there any other angles I should be looking at to prepare for?
If I write the contempt order may I email it to you?
In order for the children to communicate with the court, they would have to speak through an ad litem here in South Carolina.
If my children told me that they wanted to go to the camp, I would gladly not get in their way. I want what is best for my children.
The camp is at the end of June, my visitation is scheduled to start on the 17th of June. Our trial date will be on May 28th.
The decision whether they are going or not going to camp will be made on the 28th. Would you still proceed with the contempt motion?
The only reason I found out about the kids going to the camp was my youngest son told me last week. I feel these types of actions are not in the best interest of the children. Why tell them about going, if currently there is no chance for them to go? How can I express this in legal lingo?
We have both operated under the court order as it has existed for over two years now. This is the first year she has started problems. She is retiring from the military and wants more time with the kids.
Thank you for sharing the legal lingo with me. I am writing up my trial brief and might have a few more questions on lingo. I really appreciate your help. Thank you so much again.
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