Sorry to hear about this situation.
I think people often believe that contempt is some major punishment that the court will inflict on a person. While contempt of court can indeed lead to fines or even jail time, this is rather rare. Most often, when a contempt motion is brought before the court, the judge simply orders the offending party to correct the actions causing the contempt or to not engage in those actions again. The same offense can come before a judge numerous times and the judge still may never actually hold a party in contempt.
While I understand that the father's actions are completely egregious to you and your wife, the judge sees this kind of behavior from people all day long, actually expects it, and unfortunately, is probably pretty desensitized and jaded to it.
So that is why the judge isn't outraged and slapping the father with actual contempt, which could carry a fine or jail time.
It doesn't help your wife's cause when she keeps going back to court on contempt motions for every little thing that the father does or makes the child(ren) do. It is best to wait until there are quite a few things, or a real issue (like when the father wouldn't let the little girl go to your house).
This keeps the court visits down and keeps the judge from not taking you two seriously.
Personally, I would not go back on a contempt motion for anything in the past at this point. However, if your wife insists on doing it, she would not be barred procedurally.
This is the form for contempt, but this is just to show you and your wife what it looks like. You will need to get an actual form from the court house as there are carbonless copies involved: www.courts.state.md.us/district/forms/civil/dccv033np.pdf
Thanks for being such a great customer here at JA. If you have any further questions at all, please just let me know and I will be happy to help! :)
No problem, happy to clarify. What I meant is that even though I would not recommend that you wife file a contempt motion based on the past dealings with her ex at this time, the law would not prevent her from doing so. She could file the contempt motion and claim everything that happened even before the last time she was in front of the judge, but I do not think it is a good idea from a tactical standpoint.
If you are going to file on everything you want to file on, you need not wait. I just think it is always best to file when you have a big issue in front of you, like the visitation issue, and then you can state all the other things that the parent is doing to be in contempt of the order. Otherwise, if people file for contempt on a bunch of little issues, the judge ends up getting annoyed and then doesn't take any of the contempt filings seriously.
Sorry, I don't understand what you mean about a "link for the visitation one". Do you mean that you need a motion for a modification or something like that?
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