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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 17447
Experience:  B.A.; M.B.A.; J.D.
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I have a contempt of court hearing coming up in the State of

Customer Question

Hi. I have a contempt of court hearing coming up in the State of DE. I stopped 3 yr old child's visitation to dad's due to suspect of sexual abuse by the father which the daughter was saying to mother. Department of children and family was reported but
they finalized the case as unsupported due to no or lack of evidence (i showed videos i recorded of child saying and acting inappropriate). I am wondering if court will find me in contempt and can penalise me in any way? Also, at the hearing, judge will discuss
on jurisdiction, me and my child has been living in MA for past almost 2 years but the custody order is from state of DE (13 months after child moved to MA). But since father filed custody petition in DE within 6 months of child's relocation to MA, DE had
jurisdiction. MA and DE court judge teleconference eachother and it was agreed that DE will have continuing jurisdiction under Uniform child jurisdiction enforcement act and will keep jurisdiction until the court itself will give up. I dont know if the judge
will still retain the jurisdiction or not and what the outcome of contempt could be since there has been no proof that the father has abused the child.
Submitted: 1 year ago.
Category: Family Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
Hi. I have a contempt of court hearing coming up in the State of DE. I stopped 3 yr old child's visitation to dad's due to suspect of sexual abuse by the father which the daughter was saying to mother. Department of children and family was reported but
they finalized the case as unsupported due to no or lack of evidence (i showed videos i recorded of child saying and acting inappropriate). I am wondering if court will find me in contempt and can penalise me in any way?

Response 1: Regrettably, the Court may find you in contempt and order you to immediately let the father resume his visitation with his child. If you continue to deny the father access to the child, the Court may issue a capias for your arrest.
Also, at the hearing, judge will discuss
on jurisdiction, me and my child has been living in MA for past almost 2 years but the custody order is from state of DE (13 months after child moved to MA). But since father filed custody petition in DE within 6 months of child's relocation to MA, DE had
jurisdiction. MA and DE court judge teleconference eachother and it was agreed that DE will have continuing jurisdiction under Uniform child jurisdiction enforcement act and will keep jurisdiction until the court itself will give up. I dont know if the judge
will still retain the jurisdiction or not and what the outcome of contempt could be since there has been no proof that the father has abused the child.

Response 2: Delaware still has jurisdiction unless the Court in Delaware decides to relinquish jurisdiction to Massachusetts.
Customer: replied 1 year ago.
I understand. Under what factors and reason DE judge may relinquish jurisdiction?
Expert:  Phillips Esq. replied 1 year ago.

If ALL the parties in the case no longer reside in Delaware. If the Court finds that the child no longer has substantial connection to Delaware.

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