Asked 4 months ago - Seattle, WAFlag
Was servered papers for contempt of court and parenting plan modification but didn't respond. What will happen when I show up to court?
If you had a good reason for not responding on time, like late/improper service or a medical emergency, ask the other party's attorney for a continuance so you can respond properly. If you simply didn't do it, you can still ask them, and if they don't agree ask the commissioner at the hearing, but be prepared for the answer to be no and to have to go forward. Here's an informational packet about responding to a contempt motion, which is intended for full response but has information about preparing for the hearing which may be useful: http://www.washingtonlawhelp.org/files/C9D2EA3F...
That site also has packets on responding to petitions for parenting plan modifications, but the correct one depends on whether this is a parentage case or a dissolution case.
The rules require a response under oath and in writing. No testimony is normally allowed. Nevertheless, make sure you show up and either try to make an argument in support of your position, or ask for a continuance to allow you to respond. You'd better have a good excuse. See my AVVO Legal Guides on motions for contempt for more information about the legal issues raised by your inquiry. To find my Legal Guides, go the AVVO website at www.AVVO.com; click on “Find a Lawyer”; get to my AVVO home page by clicking on my name or photo; when you get to my AVVO home page scroll down to "Contributions" and then click "Legal Guides." You will get a list of the 29 Legal Guides I have published on AVVO. Scroll down this list and select the topics that are relevant to your question. You may also want to schedule a free ½ hour consultation with me by calling my office at 253-815-8440.
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