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What can I do regarding Ex who is violating court orders on parenting plan while First contempt case is still pending?

Everett, WA |

There is a current pending motion of contempt on my ex for violating our decree at this time . While waiting for our current contempt hearing , she is blatantly refusing to be available for our kid's scheduled drop off time . She only gave me notice 4 hours before drop off . Her text response to me after I replied included disparaging remarks about me as a parent and then goes on to say that I would tell my kids some BS about teaching the kids a lesson about following rules and listening to the [ divorce ] papers . e Do I need to serve her again on a different contempt case or is this something I should add to the current case on a different point ? Clearly , she doesn't care to follow our decree or our parenting plan .

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The rules require that the other side be given at least 14 days notice of your allegations. If more contempt occurs after you file your motion, it will be up to the Commissioner whether or not to consider the new evidence. Normally I advise the client to file the new info, with the caveat that the evidence can be ignored, or the Commissioner may continue the case to allow time for a response. See my AVVO Legal Guides on parenting plans and motions for contempt for more information about the legal issues raised by your inquiry. Click on my photo; on my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. You may also want to schedule a free ½ hour consultation with me by calling my office at 253-815-8440.

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Each issue for contempt has to be reviewed by an ex parte commissioner frist before an order to show casue can be entered. You might strike the present motion and re-file to include the new violations -- that wold be the most expedient solution from a judicial economy perspective.

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements


I agree with the previous response. If there are multiple violations, the most efficient action is to consolidate and refile with the new violations. Another option is to file a new contempt and set the show cause date. Continue the previous show cause date so the issues can be heard all at once.

Peter J. Abbarno practices in the State of Washington; primarily in Thurston, Lewis, and Cowlitz counties. The response is limited to his understanding of law in the jurisdiction in which he practices and not to any other jurisdiction. No response to any posted inquiry shall constitute legal advice, nor the existence of an attorney/client relationship.

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