Home > Research Legal Advice > Child Custody > Can my ex really file contempt against me for me seeking mediation?
Asked 11 months ago - Bellevue, WA
FlagMy ex and I have been disagreeing more and more about wording in our parenting plan. Since we couldn't reach an agreement, the next step in our parenting plan is to use mediation. I proposed this to her and after initially refusing she said that me seeking mediation was harassment and she would sue me for contempt and seek a full month's lost wages unless I stopped seeking mediation until after Labor Day (one of our disputes is around how Monday holidays are handled). I know she can file whether there are grounds or not, but am I really at risk for trying to resolve this according to the Dispute Resolution section of our Parenting Plan? She is a lawyer and I am not, and I can't afford one.
NO. If you have an existing PP.
The language is clear and unequivocal: "The purpose of this dispute resolution process is to resolve disagreements about carrying out this parenting plan. This dispute resolution process may, and under some local court rules or the provisions of this plan must be used before filing a petition to modify the plan or a motion for contempt for failing to follow the plan."
The argument usually goes that a party filing a motion for contempt has jumped the gun and did not try to mediate, justifying a denial of the motion until mediation occurs. She should know better since she is a licensed attorney. You can file a grievance against her with the Bar association for failing to follow the terms of the plan and might even prevail on asking for CR 11 sanctions. She should know better than represent herself in this matter.
Mr. Hawkins may be correct - however, it is possible that you have different provisions in your parenting plan. She might be acting from on high and inappropriately - or she might be attaching significance to certain language in the parenting plan. I would take a copy of your parenting plan into an attorney for a 30 minute consult. Make sure you are correct. If you happen to be correct - your ex could be making a mistake in her statements. She is in addition to an opposing party - an officer of the court. If she grossly misrepresents something it could lead to trouble. Look for free consults in adds etc.
Check out the free neighborhood legal clinic: http://www.kcba.org/pbs/nlc.aspx
They can help you review the language in your parenting plan. As long as you're following the order she shouldn't be successful with a contempt action.
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