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Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My ex filed a contempt on me. Our court order says that when

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My ex filed a contempt on me. Our court order says that when my child is in the fathers home state he gets 1 overnight a month, it says nothing for the time in the mothers home the father is stating he is coming to mothers homestate and wants an overnight plus an additional 4 hours with child. mother (me) is stating no, there is no court order stipulating time in my state but I will give you what is allowed in the fathers state which is one overnight. Father got upset and is refusing to come out to my state to visit this month and instead filed a contempt stating that on the date HE WAS GOING TO COME, I would only allow him to have 16 hours (which was 16 more than allowed) and not the additional 4 hours he so feels he deserves. (Wouldn't this be wrong to file contempt on an even that has not even happened?)
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Yes – this is not a matter that the contempt should have been filed on.

Since you have not violated the court order, the court would not hold you in contempt. In fact, since there is not even an allegation that you violated a court order, the court would typically be inclined to award you attorneys fees for defending the contempt action.

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 4 years ago.
In our court order the Judge also (in an effort to keep court visits to a minimum) said that if we file court papers without first going to mediation, that he would attorney fee's (to me) I asked my ex in writing, "I understand what you want is a modification of what the Judge ordered not a contempt" but the judge ordered mediation, would you be willing to go to mediation this week to work out an amiable solution so you would be happy with additional time to see your daughter . He replied, "No, I want to go to the contempt hearing".....Now doesn't this make HIM in contempt? Can I file or ask for the judge to hold him in contempt for refusing to do as the order stated which was mediation???

Thank you for the additional information–

Yes – he is in violation of the specific language of the court order by failing to mediate and therefore you can ask the Court to hold him in contempt.

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 4 years ago.
Do I ask now, by filing a separate contempt order, or at MY contempt hearing?

You usually would file a responsive pleading to his contempt, explaining why you should not be held in contempt and requesting that the court hold him in contempt.

It would be best to retain local counsel to file the responsive pleading and to represent you – and then ask the court to order him pay your attorney's fees. It sounds like the attorneys fees would be awarded since he is filing what appears to be a frivolous contempt action when he himself is in contempt

Is there anything else I can clarify for you?
Ellen and other Family Law Specialists are ready to help you