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Can I file a Motion for Contempt on my ex-wife for keeping the kids on my vacation time?

Orlando, FL |

My court order states "Each party may elect upon at least 30 days advance written notice to the other party to have a period of 14 consecutive uninterrupted days timesharing for purposes of vacation." I wrote her an email well over 30 days in advance stating when I would pick them up. I did not put a time, just a date. I emailed her again a few days before the date my visitation was to begin and stated that we never agreed on a time and suggested we go with the normal time of 6:30 P.M. I received no response, so my wife went to pick the children up at 6:30 P.M. and waited until 7 P.M. and she never showed. Can I file d a Motion for Contempt against her?

Attorney Answers 4

  1. Best answer

    Well what happened in the end? Did your entire vacation get thwarted? A little more info is needed. How did things turn out? You can file a motion for contempt, etc. but what is it that you are trying to accomplish? Can you still go on your trip? I would call a family law attorney that is local and experienced for a free telephone consultation. I know that I've got too many questions to feel comfortable giving you any guidance. I'd feel much better after getting to the bottom of a few issues because if this is part of a larger pattern, you may want to document the court file with contempt motions, when applicable, to show the pattern in a subsequent modification proceeding.......Have a good weekend.....

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

  2. If she willfully violated a court order you can file a motion for contempt and seek sanctions including make up time. If there is this much conflict, a parenting coordinator or therapist may be helpful in resolving issues with your ex for the benefit of your children.

    The information provided on this website is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing.

  3. Short Answer Yes. The long answer is you have to look at your case and see if this is the first time or this happens on a regular basis where she doesn't abide by the court order, did you call her to see where she was and she not answer the phone, are you looking for make up time, and the cost (judge may grant attorney's fee but not always. You should talk to an attorney with more information and decide the best course of action and if there are any other issues of contempt you may want to address as well.

  4. Yes - but I would recommend consulting first with a local experienced family law attorney to fully discuss your case. Many great attorneys can be found here on Avvo and offer free consultations, myself included.

    /s/ Ophelia Bernal-Mora, Esquire
    Law Office of Ophelia Bernal-Mora, P.A.
    37 N. Orange Avenue, Suite 500
    Orlando, FL 32801
    PH: (407) 354-5223

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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