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Is it even worth filing a motion for contempt?

Fort Myers, FL |

Ex and I have 50 / 50 custody of kids . They spend a week with me and a week with him . We have been split up since August 2012 . In our agreement that we both signed in January 2013 , we have a provision for " open telephone communication " ( at reasonable times of course ) . Since January anytime the kids are with him , he does not allow me to speak with them . I will text him and ask him to have them call me . He ignores the text . Then about an hour later I will call him , and he doesn't pick up . I have not been allowed to speak with them whenever they are with him . Should I even bother filing a motion for contempt on this , or is going to be considered " frivolous " . I don't understand why if something is in the order , then how it can be considered frivolous if violated . . . . . thank you

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Attorney answers 3

Posted

If he is not allowing you any contact at all then no that would not be frivolous. If you are calling all the time and demanding to talk to them constantly, thus interrupting his time with them, then you could have a problem. Your calls need to be reasonable. If you can't work out reasonable open calls, then if you go back to court, the next step will be to put you on a schedule.

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Heather Morcroft

Heather Morcroft

Posted

You meaning both of you. I understand that unreasonableness can be a unilateral thing.

Asker

Posted

No i'm not calling them constantly. I call or text him maybe 3 of the 7 days that he has them. I will send one text msg, asking him to have them call me. Then when he doesn't respond to my txt I follow up by a phone call about an hour or 2 later, which he doesn't anwser. So yea I have zero contact with them when they are with him.

Asker

Posted

and I don't call/text after 7:30pm, and I don't call/text on the weekends. My calls/texts are always between 5:30pm-7:30pm

Heather Morcroft

Heather Morcroft

Posted

Then yes, it would be worth it. Sent from my MOTOROLA ATRIX™ HD on AT&T > >---------------------------------------- This email was sent by: Avvo, Inc. 1501 4th AveSuite 1900 Seattle, WA, 98101-1588, USA We respect your right to privacy - visit the following URL to view our policy. ( http://click.mail5.avvo.com/?qs=c5d90950ad19f76b0d32f5f0372dd191bfb0cfd30fc49ee0a6967c2ca84057ee2370e3f1e6f9b87d ) ----------------------------------------

Posted

If it is "worth it" for you to speak to your children, then it is "worth it" to file the motion. You filing a motion will also put him on notice that you will not take further violations of the order in stride, on other matters.

Posted

Your motion for contempt would not be frivolous. With today's technology with cell phone calls and texts, it would be a relatively simple matter to prove your efforts to contact the children through him. If you prevail with contempt, among the other sanctions the court may levy on him is to award you your attorney fees.

No answer posted is meant to be conclusive or to insinuate any outcome of any case. It is a generalized miniture answer of a greater process. Should you need more extensive responses to your specific queston, contact me for free consultation today! Skype, phone, or in person! 904-466-0446

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