When to File for Contempt of Court

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

Greetings everyone! Since this is my first time posting, please excuse any mistakes I make posting this.

To give you all a little background to this case:

My ex and I have a 20 month old daughter. The parenting plan was established by the judge on November 15th. The plan allows for me to have visitation at regularly scheduled intervals. This particular visitation is scheduled for 2 hours. In the plan is states that during this time I am to pick up, and drop off my daughter at the specified location. During my visitation of November 23rd my wife and I were meeting her family at a local restaurant for dinner. After being seated my ex and her boyfriend came into the restaurant. This was awkward, but bound to happen in a small town. She arranged to be sat directly across from us. This particular restaurant isn't a small cafe or diner, it's a good sized restaurant. This struck me as odd. My ex and her boyfriend proceeded to talk to and make gestures to my daughter. This frustrated my daughter because she is so young, and doesn't yet fully understand that her mother and I have separate visitation. I asked the waitress if we could be seated elsewhere in the establishment. The waitress seated us in the far back of the restaurant.

My ex proceeded to glare and make gestures at my wife's family. My daughter continued to be upset by these gestures. After over an hour of this behavior, I apologized to my wife's family, and proceeded to prepare my daughter to go to the car. My wife and I exited the restaurant, and my ex was hot on our heels. Once we had reached the car, my ex asked what I thought I was doing. I didn't answer her. My wife stated to her that we were taking her to the designated drop off point. My ex stated that "she was right here" and said to give my daughter to her. I continued to ignore her threatening nature. My ex then stated "you better not be putting her in her car seat". After fastening my daughter into her car seat, I closed the back door, and entered the driver's seat. My wife entered the passenger seat, and I started the car. My ex stood visibly behind the car, and folded her arms and said she wasn't moving. I placed the car in reverse, and slowly backed up. Once I became close to my ex, she began hitting our car and moved to her left. As the driver's side back door came close to her, she flung the door open and attempted to enter the vehicle. I braked at this point to stunt her advances. She then proceeded to the front of the car, and stood to block our exit. I slowly crept forward and then hastened after she was out of the way to avoid her opening the door again.

Once we had arrived at the designated drop-off point, I unbuckled my upset daughter to calm her down. I sat with her in the driver's seat until my ex arrived on foot. (These establishments are adjacent to each other, but separate). I opened the driver's side door to make the exchange, and as I was doing so my ex leaned in the car and stated to my wife that "she married one crazy mother-fer". After I stood up from exiting the vehicle my ex grabbed my daughter and then struck me hard in the chest with my daughter in her arms. I told her that this was unacceptable and to leave immediately. Since this wasn't the first time that my ex has physically assaulted me, I didn't think the cops needed to be called, since they weren't any help previously. In hindsight, I wish I would have called them for the record at least. At this point she has endangered my daughter twice, verbally assaulted us, physically assaulted me, and caused emotional distress to us all.

On Monday of the following week I filed a temporary order of protection for my wife, daughter, and myself. The judge responded by setting a status hearing, and postponing judgement on the order.

At this point, what would be the recommended course of action? Obviously I should attend the status hearing, and give my testimony. Should I file contempt of court papers?

Thank you in advance for any insight you can give.

Do you think it was in the best interest of the child to argue and fight with the mother about the drop off location? You did this out of spite and participated in upsetting your daughter.

I know the restaurant was not the drop-off location,but since she was there,u mind as well drop her to the mother there,and this beef would not happen.And she she was not looking at the child best interest either by hitting you like that when u had your daughter.

No such "argument" took place. During my visitation, i'm permitted to take her to wherever I please. I happened to take her to the drop off location to avoid my ex calling me in contempt. Without provocation, my ex took it upon herself to go against the parenting plan plain and simple.

I followed the parenting plan as instructed by the judge. Please explain how this is participation is the upsetting of my daughter, and how I at any time acted spiteful?

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Quoting jorgey84

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I know the restaurant was not the drop-off location,but since she was there,u mind as well drop her to the mother there,and this beef would not happen.And she she was not looking at the child best interest either by hitting you like that when u had your daughter.

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It clearly states in the parenting plan that any deviation from the plan will result in a contempt of court. My ex and her attorney are more than malicious enough to attempt to file against me if I deviate in the slightest.

ok,where is the specific location? u supposed to drop her off?

At the corner gas station. It specifically states "on the Wednesday visit the exchange is to take place at the gas station". Additionally, since this incident my ex has withheld visitation twice.

alright,now u was specific lol

She won't be in contempt,but u might get custody,because she could of hitten the baby,while she was in your arms,her acting all crazy and shyt.Try to go to court,and modify to custody and see if u get a lawyer

I am not a lawyer, but I agree that you have to follow the order as written. Especially if you are in a situation where the other side is trying to find ways to trip you up.


Plus, lets say you modified the drop off location and then something were to happen. It would be hard to explain to the court why you deviated from the agreement.

It may seem inflexible to follow the court order, but in the end following it will save trouble down the road.

show the order of protection to the court,and see if you could drop the baby off at the precinct,better than a gas station

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Quoting jorgey84

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alright,now u was specific lol

She won't be in contempt,but u might get custody,because she could of hitten the baby,while she was in your arms,her acting all crazy and shyt.Try to go to court,and modify to custody and see if u get a lawyer

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Can you please explain how she isn't blatantly in contempt?

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Quoting jorgey84

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show the order of protection to the court,and see if you could drop the baby off at the precinct,better than a gas station

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The new order of protection isn't in effect until after the results of this hearing. I have ordered the delivery of the previous order of protection and police report.