Lat week I won a contempt motion against my soon to be x wife, she took our 18 month old son to Mexico thus violating the ATROS and I missed 10 visits with my child. We have monitored pick up and drop off so I paid the monitor to show up everyday she didn't show up to document that I did not receive my visits. He was brought in and testified, to which the x stipulated that yes I did miss my visits. The judge handed a guilty verdict on 10 counts being that she has the full ability to comply with my visits but chose to over look the ATROS thus making it 11 counts or finding her guilty on 2 counts the ATROS and missed visits. What just happened it doesn't make any sense. This judge was pro woman all the way is this worse than the 2 counts How does contempt affect a custody battle? CONFUSED!
Workers' Compensation Lawyer
11 Counts of Contempt will not really make a stronger point than a single count if she learns that the Court is serious. If she does it again after being held in Contempt once, the Judge will probably use a bigger stick.
I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.
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Family Law Attorney
Did he throw her in jail? That is the big threat. You need to hire an attorney
I handle family law matters:, child custody, property dispute in Los Angeles or Orange County, California. Always consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.
In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..
I do limited scope agreements, where I only prepare the papers for court and try to prepare you for testify; I always recommend using an attorney when you can afford one as that usually increases your chances of winning.
Do you want your current or ex-spouse to know or hire me first?
In child custody, the simplest explanation is “what is in the best interests of the child (ren). In support proof of earnings, needs of the children and percentage of time spent with the child(ren).
In Community versus Separate Property, considerations include tracing the funds, and how profits are made.
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My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
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Lawsuit / Dispute Attorney
Without seeing the order and reviewing the proof, it isn't possible to really explain much. For whatever reason, the court determined you did not provide sufficient evidence of contempt as to certain counts.
the fact that you won ten counts strongly suggests to me that this judge is not "pro woman." Contempt is not a "gimme" issue in any case.
Obviously, contempt convictions are not going to help your wife's case. It is unlikely to be a significant factor in the long run, however. The overriding question is the best interest of the children, and changing visitation rights as a punishment for contempt is simply not possible.
I suggest that you meet with a family law lawyer as to your proof on the other contempt matters. My experience suggests that pro pers underestimate what it takes to prove their case. An experienced trial lawyer may be able to help you understand what went wrong.
Note also that a victory on the 10 counts constitutes a "win." It is extremely rare that one side gets 100% of what they ask for. Bitterness over the counts you loss suggests to me a lack of objectivity here that is common when one represents oneself (lawyers suffer from it as well when they act on their own behalf -- this comment is a general observation on human nature, and not non-lawyers).
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