I believe my Ex is blocking my contact with our minor child (turned 13 this month). How can I get her in court right away? I have a current court order in which Visitation is clearly outlined. I've tried everything. My calls, emails and text are met without response. Certified mail gets returned "undeliverable". On my Visitation days, she doesn't answer the door. I've called the local police dept for assistance (9 times). They come out, but doesn't answer door or phone as well. Lastly, she's missed the last two required mediation appts
Can I file a motion Ex Parte along with contempt? Please Help
You can file a motion requesting an Order Shortening Time to modify the custody/visitation orders. A contempt is quasi-criminal in nature so they are notice requirements that must be followed. Also, you must personally serve her with the paperwork for the contempt. ExParte relief is normally reserved for emergencies. A contempt normally is not construed as an emergency.
I don't see the emergency for scheduling the contempt trial, but I do see urgency to get the police/sheriff to intervene beyond its passive approach thus far. X's secretion of your child in violation of your custody rights is a crime which can be a felony. Get your orders and stick it to the police/sheriff under the glare of a TV news crew if necessary.
Contempt assertions are taken very seriously (quasi criminal so the rules of evidence and procedural rules escalate), and will not be heard in an ex parte hearing.
Is there a current court order defining custody and visitation? Does that order deal with contact when the child is in the custody of the other parent? If these things are not in the current court order you can go into court ot clarify the order.
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