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...
Divorce / Separation Lawyer
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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Divorce / Separation Lawyer
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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