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What will the judge say to my ex from not showing up at my visits

Springfield, MA |

i have court in 2 days and its a contempt for my ex not bringing my kids to my visits for whole a month and not let me talk to kids because he doesnt like my boyfriend or he knows kids will want to see me more... so what can i do about if judge dont do anything and lets my ex go with just a warning...

Attorney Answers 2

Posted

In addition to the great advice given by Attorney Mason I would question the following.

What are you ex's reasons for not bringing the children? Is there something (ex. a criminal background) about your current boyfriend that may cause him to not want the children around him. From my experience with judges in Western Mass (I am curious as to which one you have) they are not always in favor of new boyfriends or girlfriends being actively involved in the children's lives, especially if you have limited visits.

If there is nothing of concern about your new boyfriend, ask the Court to allow him to attend visits. Also if you have filed a contempt and are to win and you have missed work to go to Court, you can ask for your ex to pay your missed wages. From my experience in Springfield judges are very quick to grant attorneys fees on contempts, so it is worth asking for . The proper procedure to do so would be to write out an affidavit stating your losses (also include lost wages if you missed work to try to have a visit) and have it notarized. If you're going to Court in Springfield there is a Notary at the Bank of Western Massachusetts right across the street who will notarize for free.

As always though I'd advise looking for an attorney. In Springfield there is a wealth of attorneys who offer Limited Assistance Representation who could help you out. A list of these attorneys is available from the Court.

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6 comments

Asker

Posted

yes i did win contempt and judge told my ex to bring kids or else and if it goes good then i can file modifacation for kids to come to my house for visits because my ex wont agree because my boyfrielnd he hates with a passion but judge told him his girlfriend cant be near kids and no 3rd party..

William N. Chambers

William N. Chambers

Posted

Congratulations on winning your contempt.

Asker

Posted

thanks what does contempt do to him and judges didnt say anything but he is contempt does he get fined or when will i get my desion in mail

William N. Chambers

William N. Chambers

Posted

If you did not ask for damages or reimbursement for time spent in Court, financially it would not really do a lot. However it does establish a pattern of negative behavior on your ex's part and would be relevant when you eventually seek to modify the current order.

William N. Chambers

William N. Chambers

Posted

I also see that you are in Springfield I offer free consultations and have an office in Holyoke if you would like to discuss this matter further. I can be reached at 413-522-6263. Best of luck!

Asker

Posted

ok awsome

Posted

It is very difficult to answer your question because we are only hearing your side of the story and the Judge will listen to both sides. What you should be aware of, however, is the standard of review for a Judge to issue a contempt judgment and/or sanctions. The Judge must find that the court order or judgment that governs your custodial (visitation) arrangements 1) is not being followed, 2) that the order is clear and unambiguous, and 3) that the defendant is defying the order, rather than simply encountering obstacles to compliance.

If the judge finds that the defendant is trying to comply with the order the Judge will more likely try to assist in removing the obstacles to compliance? That is not too say the Judge will accept any excuse – if you can show that the behavior is an attempt to alienate you form your children, or to retaliate for some perceived injustice, the court will act conclusively.

This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.

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