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Attorney & Mediator
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Category: Family Law
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Experience:  Attorney & Certified Mediator
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My ex is taking me to court to show cause that I breached our

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My ex is taking me to court to show cause that I breached our parenting agreement by

introducing to dating partners (I was not permitted until November of last year and they met my partner in January of this year)

calling his deceased mother names while the kids were in the other room (the kids have never heard me say a bad word about the father or the family and I would if needed allow a judge to speak with them)

attempt to bypass the agreement by living with boyfriend (I emailed him that my fiance and I are planning on living together in February. This is against out parenting agreement as it states no over night guests until one year after the divorce unless by blood or marriage. I emailed and told him, if there was issue I would not...I figure it's been since 2009, perhaps he moved on. Well he has issue, so we did and are not until we are married)

Calling the kids multiple times when they are with him to tell them to come home and play with expensive gifts. (I called when they visited him and let them know they got a WII. I never asked them to come home early to play. Again, would allow my children to speak with a judge if needed.)

Force the kids to tell them they dont want to live with them (I did tell the kids after being tired of his bullying me and threatening to take them away to tell their father what they want. I thought if he heard their desires, he would stop)

This all came after I sent him the email about my plans with my fiance. What can happen to me in court? Are these valid reasons to show contempt? Can I loose my kids? Will I be held in contempt? What are the ramifications if found guilty?

I never keep my kids from visitation, never (unless they miss a call because we are out) keep them from talking to him (unless its after bedtime). I have always been the primary parent, even when we divorced a few years ago, before we reconciled, I had primary physical custody but we always shared joint legal. The children have primarly lived with me all their life.

The ex and I are scheduled to go before the judge on the 4th of March so I can be heard because he did not show up for mediation. He also has scheduled a mediation for the same day as well served me with this motion for the end of March. Would the judge here all the concerns on the day I go in if requested to stop all of this from dragging on?

Posts: 4
Joined: Mon Feb 07, 2011 7:06 am
Submitted: 6 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 6 years ago.
What can happen to me in court? Are these valid reasons to show contempt? Can I loose my kids? Will I be held in contempt? What are the ramifications if found guilty?

Based on the information you have provided, the worst that could happen is a stern talking to by the judge. You are in contempt if you have violated the terms of the parenting agreement. Custody will only be changed if the violations pose a risk of harm or detriment to the children. From the information you have provided, that does not appear to be the case. Being in contempt is not a crime, so you won't be found guilty. As stated the worse that will happen to you is the judge will give you a stern warning. Further the hearing can also be an opportunity for the court to determine if changes should be made to the parenting plan (such as allowing contact with your new partner). Again unless you placed your children in a dangerous or detrimental environment, you are not going to "lose your kids".

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