In the court order it states my husband has reasonable visitation with no set schedule, it also states he has 5 weeks in the summer. it said they are to decide holidays amongst themselves. they have joint legal custody and are to consult each other on major decisions, medical, education religion etc. This was done because at the time he was allowing her to move out of state. it has been almost five years and we moved to the same state over a year in a half ago. the ex wife allows my husband to see the kids eowe, but wont allow him to have his five weeks in the summer. she also enrolled their son in therapy without consulting my husband. We filed a contempt charge against her because of her refusal to alternate holidays and withholding summer visitation What are the penalties for contemptCan a judge order make up time. we are also now in a modification for custody/visitation case now. in fl where the original order was made, there was not a "parenting Plan", just provisions. My husband in his contempt is asking for the make up time, and a parenting plan be ordered. The order was already domesticated in GA,
You stated that "we filed a contempt charge against her", apparently without counsel, and I assume in Georgia. You also stated that "we are also now in a modification for custody/visitation case now in fl where the original order was made." That apparently was done without counsel, also, because if you had counsel they would have informed you that you could have brought your contempt action in Florida, also, combined with the modification.
At some point, you need to realize that these matters are best left to experienced family law attorneys. You cannot rely upon self-help, with piecemeal Q&A's from someone who knows nothing about your case.
I am exclusively a family law attorney, practicing primarily in the metro Atlanta, Georgia trial courts. However, I handle appeals from anywhere in Georgia.
The "penalties" in a contempt action for custody depend on what the petitioner asks for as well as what the respondent did wrong. Sometimes the outcome is simply a statement from the judge that the "offender" needs to stop "misbehaving". Sometimes the outcome is as harsh as a change in primary custody from the "offender" to the other parent. Like I said, it depends.
It isn't really possible to make up lost time, but it can happen that the court will award extra custodial time in the future. One of the best outcomes for your husband would be an order that 1) establishes an actual custody schedule (so that the mother no longer has the ability to veto visitation) and 2) requires to mother to adhere to the existing summer visitation.
It sounds as if your husband is attempting to handle these contempt actions for/by himself. While that is possible, I would suggest that he at least meet with an attorney to ensure that he is proceeding correctly (asking for all that he is entitled to, and in the correct manner) and that the documents he is filing are completed correctly.
Good luck to you and your family.
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
Your husband either had a really lousy laswyer in his divorce or blundered by representing himself because things like a specific visitation plan are necessary. He blundered again by filing a contempt pro se. Where orders are unclear ("decide holidays amongst themselves is unenforceable gibberish) contempt is useless. Had he done the smart thing he would have retained counsel and sought appropriate modification.
As for contempt, I cannot fathom someone filing a case without knowing the possible results. A contempt can result, if won, in aything from a judge saying "don't do it again" to jail.
Instead of piling bad paper on top of bad paper, he should see a lawyer and determine what will do best to set and establish future visitation.
Sign up to receive a 5-part series of useful information and advice about child custody law.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline