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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114099
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have filed 21 contempt's against the mother of my children

Customer Question

I have filed 21 contempt's against the mother of my children for a lot of different custody orders she fails to follow. The judge will not make her follow the custody plan but changes it every time I go to court. Now I cannot see my children because their mother refuses to allow me to visit. The judge is not enforcing anything. I don't know how to get this resolved.
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if she is still withholding the children , you have to go back to court and you need to attach a copy of each and every contempt motion you filed to the new contempt motion. In your motion, you need to state your ex is making a mockery of the honorable court and thumbing her nose at the judge's orders as evidenced by all of the contempt citations against her. Ask the court in the order for jail time and fines as well as a change in the custody of the child for your ex's willful and malicious refusal to abide by any lawful order issued by the honorable court.
When you write this you need to make it seem like she is doing this to the court, not to you and show how she is disrespecting the judge and court, forget about yourself. When it is set you have to express yourself to the judge and ask the judge how many chances is the court going to give to someone who obviously has no respect for the court and no intent to follow the court's orders. You need to get that on the record and make the court sound weak if they will not act.
That is all you can keep doing here.
Customer: replied 1 year ago.
Your answer was stated well but not helpful. I need something I can use, based on law or ethics I can use for a Judicial review or to compel him to recuse himself. I have filled a lot of contempts, I have pointed that out to him. He has the power to keep my children from me and he is using it. At my last hearing he was yelling at me and telling me I shouldn't have had children. He has left custody issues go so long that 3 of my daughters are 18 years and older. Their mother let 2 of them quit school to go to cyber school. I was to have access to cyber school info but their mother wouldn't give it to me. I paid to file a contempt but he never addressed it and they have now quit school altogether. He told me it was just "too bad" and there is nothing he can do about it. He is clearly biased against me no matter how much info I give him.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You state, "I need something I can use, based on law or ethics I can use for a Judicial review or to compel him to recuse himself." I am afraid that in order to do that for anyone, you would have to know the intimate details of each case, but we do not have that luxury for you.
If you are arguing the judge is not doing their job and based on allowing your ex to ignore orders of the court, you can argue that this is an appearance of bias, which is legal basis for you to file a motion to recuse. You can file a motion to recuse the judge and state that the judge continually allowing violations of the court orders without action shows an appearance of bias sufficient that the judge recuse themselves. If the judge refuses to recuse themselves based on your motion, then your next step is the motion goes to the chief judge at the court to hear your case to decide whether or not the judge should be recused.