What Will Happen at a Hearing for Motion for Contempt

**Jamie Walker** · 03-16-2011, 02:58 PM

My question involves a child custody case from the State of: Florida

First the situation:

I have residential custody of daughter. 3 years ago when the final judgment was done in are case , we were both about to move from Florida to Texas. We have both sense moved back to Florida. Here is where it gets sticky. The order says in black and white that we can set up are own visitation schedule ,if we can not, the order outlines a visitation schedule for before 1 of us moved to Texas and before the child starts school. It also outlines a visitation schedule for after 1 of us moved to Texas and the child started school . When my daughters mother moved back to Florida I tried to arrange a visitation schedule that allowed for visitation, and took into consideration are child school , it basically followed to the T the Florida Guidlines for child visitation. . My ex agreed to this and went by it at first, but then during a weekday visitation, decided she would follow the section of the original order that covered visitation schedule for before 1 of us moved to Texas and before the child starts school, because it allowed her overnight visitation in the middle of the week and allowed her to keep her till Monday mourning on her weekend visitation. This caused are daughter to be late for school and miss her medication. My ex did this on 3 separate occasions. I finally said no and put my foot down. I told her i was going to follow the section of are original order that outlines a visitation schedule for after 1 of us moved to Texas and the child started school, because it is THE ONLY part of the order that even mentions are childs education. I also immediately filled a motion for a to have are original order modified and establish a visitation schedule. My ex has managed to dodge being served on my motion, but has brought her own motion ( which I have been served with) for civil contempt / enforcement. We go to court for that next month.

Here are my questions:

1.based on what I have stated above( this is literally the whole story) can i go to jail for contempt of court for this?

2. do I have a legal standing for what Ive done and how ive handled this?

3. I spoke to my ex recently and she informed me that if I don't immediately comply with what she wants , she will keep filling contempt of court motions. Is there a limit to how many they will let her file? Will i have to go to court for each of them?

4. She also told me that the judges secretary( the judge that is presiding over the contempt of court hearing, not the judge who issued the final judgment) told her what part of the order was right, and that i will probably go to jail. Is that right? i always thought Judges and court house staff had to remain impartial and not give any one advise.

by the way just as a side not:

the hearing for contempt of court is 2 days before she has a contempt of court hearing for not paying her child support. She is over 2 years behind.

**Dogmatique** · 03-16-2011, 03:09 PM

Your ex appears to be full of it.

You're not going to jail for a first-time contempt, that's even if you're found in contempt.

And no, the judge's secretary did NOT tell her that.

She can file as many motions as she likes, however - but if she goes overboard the courts WILL step in and she can be sanctioned (fines, etc.,)

I wouldn't be worrying, Dad. Even if it is found that you went outside of the order, you've BOTH agreed to do that in the past.

**Jamie Walker** · 03-16-2011, 03:16 PM

Thanks for the reply. It reasuring. I do have one question though.And im not saying your wrong , i think the same thing ,butyou said "And no, the judge's secretary did NOT tell her that" . Could you explain that and what makes you say that?

**Dogmatique** · 03-16-2011, 03:26 PM

Because the judge's secretary can lose his/her job and face legal sanctions. They are NOT allowed to dispense advice or suggest which way a Judge might rule OR even suggest which part of a court-order should or shouldn't be followed. That's a huge no-no.

Unfortunately it's not uncommon for one ex to spout off nonsense like this in order to scare or intimidate the other ex.

**Jamie Walker** · 03-16-2011, 03:33 PM

cool thanks. She actually told me this in an email. i wonder if I should show that to the judge?

**Dogmatique** · 03-16-2011, 03:42 PM

She actually put in writing that the judge's secretary had told her which part of the order was correct and that you'll probably go to jail?

And this alleged communication took place before the hearing? I truly think your ex is in for a surprise.

You could try to get to get the email seen by the Judge, but really it's not likely to do much. Is the same judge presiding over the child support contempt hearing, too?

**Jamie Walker** · 03-16-2011, 03:47 PM

yes she did. She said that her lawyer( wich is a lie because the motion was followed pro se , and there has been no notice of apearance filed by any lawyer) and the judges secretary told her that i was supposed to be following the part of the order she says is the correct section and that i will probably be incarcerated.

No on the order for the hearing over child support all it says is a hearing officer will presiding.

**Dogmatique** · 03-16-2011, 04:02 PM

Here's how I see it:

The orders are vague enough that they may actually be unenforceable...hence no contempt.

Plus, you've both already deviated from time to time, indicating her willingness to go outside of the order when it suits her. Now that your daughter's education is at issue, it makes sense to have the order clarified which is what you filed for prior to her filing the contempt motion, correct?

I would be extremely surprised if you were, based upon your posts here today, actually found in contempt. And even if you were, you'd get a slap on the wrist and ordered not to do it again.

It takes repeated findings of willful contempt - not misunderstanding or misinterpreting the order - before jail becomes an issue...and further, the courts are far more likely to simply switch custody. That happens far more often than incarceration - for custody matters, at least. Again it takes a lot for the court to actually order a change in custody.

Child support however? Your ex should realize that she could be the one sleeping in a jail cell. Non-payment of support can become a criminal matter quite, quite quickly...