Frivolous Contempt Claim

**momgirrl** · 03-23-2012, 09:37 PM

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

My ex filed a contempt case against me and I have a court date in a few weeks.

Here's the background information: We divorced in 2008- we have a history of domestic violence and he has a battery charge on his record so please keep this is mind- and also on the date it was finalized an agreement signed by both him and I was submitted which allowed me to move from IL to WA with the kids. Neither party currently lives in IL and haven't for at least 2 years. This agreement has set out visitation schedules which he has not utilized AT ALL in 2 years. He has never taken his summer visits, web visits, etc.

This motion was only filed because I usually come back to the area for Spring Break and this year I cannot. (the agreement does NOT say I am required to come back to town on Spring Break I just visit my family since they are in the same area and it's supposed to be his week, but he never has taken it).

Firstly, under the Uniform Child Custody Jurisdiction and Enforcement Act this shouldn't even be heard in IL because neither of us live there and Washington would now be the home state for the kids and I petitioned that in my response, but secondly someone else is filing pro se motions against me with obvious misinformation (they have no real knowledge of the situation, only what has been told to them) and this person forged my ex's signature on pro se motions. I do have proof of this.

My question is what do I do?

There are claims of all sorts from visitation withholding to PAS.... I have NEVER said he couldn't have the kids and I have tried to encourage him to come here even if it's not his visitation week to see them and he hasn't done that either. He refuses to give me an address where he actually lives and gives me relatives addresses but he has mine and I haven't moved repeatedly like he has. I mean should I really be worried about this? And isn't there any repercussions for forging someone's name on motions like that?

**Dogmatique** · 03-23-2012, 09:48 PM

Who is doing the filing?

**momgirrl** · 03-23-2012, 09:56 PM

The forged pro se motions are from his girlfriend who he's only been with since January of this year. She obviously has no knowledge of the history of our case and she hasn't ever met my kids.

They've filed 6 motions since Feb 3- some are signed by him and a couple aren't.

**Dogmatique** · 03-23-2012, 09:58 PM

How can you prove that it's not his signature?

That aside - okay, let's take things in reverse (sort of!).

PAS - parental alienation syndrome - has been discredited by every reputable professional, medical and psychological community in the country. Parental Alienation is something different though. If they're citing PAS, you need to argue that the Syndrome has been discredited.

And you need to have Dad prove that you're guilty of alienation. It strongly sounds like someone, somewhere (not you) doesn't have a clue about what they speak.

If I were you, I'd bring your case and details before a local attorney in WA.

But I do have to ask also, what exactly did you file in Illinois? Was it a motion to dismiss based upon lack of jurisdiction?

**momgirrl** · 03-23-2012, 10:07 PM

I asked for it to be dismissed or to stay the hearing and transfer jurisdiction to WA. I also asked that it be dismissed due to forgery of signatures. I have the copies of motions they sent me. One does have his legal signature and another motion it blatantly was forged and looks NOTHING like the other signature.

I've read some scary things about PAS (other forums etc.) and I have never done that to the kids. I didn't create a wedge between him and the kids, his history of domestic violence did.They're asking for "make up visitation" one weekend a month for 12 months. Um we're 2000 miles away, my kids are involved in extra curriculars, and I didn't ever prevent his visitation from happening, he backed out two different times when he knew I was in town and never bothered with any of the rest of it.

**Dogmatique** · 03-23-2012, 10:13 PM

Okay, good - I was afraid that you'd simply filed a response which might have actually agreed to IL having jurisdiction.

I still think you need to speak with an attorney here in WA.

That said, I'm not exactly sure what Dad expects is going to happen. He hasn't attempted to exercise visitation, correct? There's a chance he'll be able to get his visitation enforced, that's true - but make up time? Based purely on what you've said here, I'm not seeing where he has proof that you've withheld anything. A change in custody certainly isn't likely.

You might want to - when you find an attorney - discuss modifying the current order to reflect the geographical changes. You may also want to discuss the girlfriend's actions since she may be guilty of practicing law without a license, and forgery.

You've got a couple of weeks, so I'd start looking at local attorneys if I were you.

**momgirrl** · 03-23-2012, 10:19 PM

I started looking here for one and I've gotten a few names so I hope to start meeting next week with someone.

Can he use her as a witness at all? He's saying he's going to have her at the hearing, will they even listen to her since she has no knowledge of anything and I have dates, times, etc. to back up every time he's backed out?

And she wrote all the motions, none of them are written by him at all. It's almsot like she wrote them up and he simply signed them...... is that what you mean by practicing law without a license?