ExpertLaw.com Forums

Contempt of Court Hearings

Printable View

  • 11-04-2009, 12:09 AM
    ydenise
    Contempt of Court Hearings
    My question involves a child custody case from the State of: Florida

    Dear Sirs,
    I am currently experiencing a visitation issue that has become more complicated, deluded- in that the issues concerning our daughter’s safety and well being, are not taken in consideration by the court.
    I am a single mother who has never been married to the father of our 16 year old daughter. Child support has been established when she was 3 y.o. The father is current on his support, however many years (14) have passed since this order was made and the child’s needs have increased significantly. However every time there is a review of the case, the father becomes abusive, emotionally, mentally and physically towards the child. Not only does he lie and claim he does not have visitation, but he intentionally alienates his daughter, threatens her, and strikes fear in her and me. He behaves inappropriately, he has lied under oath and in documents presented to the court and to child support enforcement. When she turned 13 and the issue came up to increase the child support, he started a campaign to get his daughter to go to court to and ask to live with him. He did this in a horrible way, explaining to her that he would get a divorce from his wife, and that the money he paid me she would have for herself, it would be just she and him. During his visitation with his daughter he was coercing her to run away from home, with the promise to buy her an BMW. He spent hours at a time with her locked in the room during his visitation with her berating me, and convincing her to go along his is plans to “take her from me”.
    The bottom line is that it all back fired and she began to experience night mares and other mental health issues, including cutting herself- slicing her arms with kinves. I did not know what was going on, but she was expressing to me that she did not want to go to visit her father. I tired and tiried on my own to understand what was going on and she would only give hints and clues to what was bothering her. Her grades fell, visitation became like pulling teeth, she didnt want to go, and he wasnt trying to visit.
    I took her to counseling and tried to get her help- eventually she opened up and told me and the counselors what was going on, she came clean with the counselors and explained that she had been molested in his home. In the mean time he was behaving inappropriately towards her, focusing on her “maturation”. This was reported, and a police report was filed. However Child protective services stated that because I had custody and he had visitation and I was taking steps to protect her there was nothing for them to do. Well that was 3 years ago, and for the past 3years she has been in counseling, and therapy, she has had a psychological evaluation, and both her therapist and the psychologist have written letters to the court advising against visitation with the father. The court does not take this into consideration, even though it was agreed that her therapist would render this opinion concerning visitation.

    When she gets to a point where she wants to contact her father, I'm supportive of it, and I listen to her, she feels there is something she can do to fix her relationships with her father. She is horribly hurt and set back when he again responds in a vile, hostile and violent towards her. Unless she contacts him, he has no contact with her and it has been his choice, he is angry with her, he is violent and hostile towards her and wants nothing to do with her, even telling her she is not his child and he wants a paternity tests- she has called him and he goes on and on about our past relationship and all the things i have done to him. I believe he is angry because she told the secrets and because she did not go along with him on the custody petition, but it is also very evident that he hates me and despises the fact that any of his money is coming into my household. He yells at here about how much he is paying in child support etc…as if she is to blame.

    Then with his attorney, he goes to court with his claims he does not have visitation and asked the court to hold me in contempt of court.

    His relationship with his daughter is the way it is because of his own volition, and lack any attempt to visit and emotional game playing. He tells her that he is going to put me in jail, and make her take a paternity test so he can stop paying child support. It’s crazy that a person can intentionllay abuse and alientate a child on one hand and run to court on the other hand and claim he does not have a relationship with his child.
    In the meantime, our daughters medical bills, and medical needs have tripled- as have her mental health issues and meds. I fear that things will just get worst in this visitation issue if I attempt to deal with the child support issues, even though child support has contacted me in order to proceed with the increase. I am stuck, concerned about our daughters will being and and worn down by these court processes, it seems every month I am going to court, being threatened with jail time and he is using the civil process to harass and intimidate us. I have never seen such a lack of compassion- or a court turn a blind eye towards abuse because one parent can afford an attorney and the other can not.
    Our daughter is being abused mentally, and her father is abusing the court process, because he has the money to do so. I need the court to focus on what is going on with our daughter and how he has put her in the middle of this and made her the object of his abuse, his whipping board because of his anger towards paying child support, and because he does not want it to increase- and because his fraud will eventually be uncovered if that increase is pursued.
    We do have a history of domestic violence and restraining orders.

    When does the court take into consideration the parents relationship or lack of relationship with the child? Who will listen to what is going on with my daughter? Who can advocate for my daughter? This issue right now is about the relationship between the teen and the father, when will she be heard?
  • 11-05-2009, 01:05 PM
    Xena
    Re: Contempt of Court Hearings
    Quote:

    Quoting ydenise
    View Post
    My question involves a child custody case from the State of: Florida

    Dear Sirs,
    I am currently experiencing a visitation issue that has become more complicated, deluded- in that the issues concerning our daughter’s safety and well being, are not taken in consideration by the court.
    I am a single mother who has never been married to the father of our 16 year old daughter. Child support has been established when she was 3 y.o. The father is current on his support, however many years (14) have passed since this order was made and the child’s needs have increased significantly. However every time there is a review of the case, the father becomes abusive, emotionally, mentally and physically towards the child. Not only does he lie and claim he does not have visitation, but he intentionally alienates his daughter, threatens her, and strikes fear in her and me. He behaves inappropriately, he has lied under oath and in documents presented to the court and to child support enforcement. When she turned 13 and the issue came up to increase the child support, he started a campaign to get his daughter to go to court to and ask to live with him. He did this in a horrible way, explaining to her that he would get a divorce from his wife, and that the money he paid me she would have for herself, it would be just she and him. During his visitation with his daughter he was coercing her to run away from home, with the promise to buy her an BMW. He spent hours at a time with her locked in the room during his visitation with her berating me, and convincing her to go along his is plans to “take her from me”.
    The bottom line is that it all back fired and she began to experience night mares and other mental health issues, including cutting herself- slicing her arms with kinves. I did not know what was going on, but she was expressing to me that she did not want to go to visit her father. I tired and tiried on my own to understand what was going on and she would only give hints and clues to what was bothering her. Her grades fell, visitation became like pulling teeth, she didnt want to go, and he wasnt trying to visit.
    I took her to counseling and tried to get her help- eventually she opened up and told me and the counselors what was going on, she came clean with the counselors and explained that she had been molested in his home. In the mean time he was behaving inappropriately towards her, focusing on her “maturation”. This was reported, and a police report was filed. However Child protective services stated that because I had custody and he had visitation and I was taking steps to protect her there was nothing for them to do. Well that was 3 years ago, and for the past 3years she has been in counseling, and therapy, she has had a psychological evaluation, and both her therapist and the psychologist have written letters to the court advising against visitation with the father. The court does not take this into consideration, even though it was agreed that her therapist would render this opinion concerning visitation.

    When she gets to a point where she wants to contact her father, I'm supportive of it, and I listen to her, she feels there is something she can do to fix her relationships with her father. She is horribly hurt and set back when he again responds in a vile, hostile and violent towards her. Unless she contacts him, he has no contact with her and it has been his choice, he is angry with her, he is violent and hostile towards her and wants nothing to do with her, even telling her she is not his child and he wants a paternity tests- she has called him and he goes on and on about our past relationship and all the things i have done to him. I believe he is angry because she told the secrets and because she did not go along with him on the custody petition, but it is also very evident that he hates me and despises the fact that any of his money is coming into my household. He yells at here about how much he is paying in child support etc…as if she is to blame.

    Then with his attorney, he goes to court with his claims he does not have visitation and asked the court to hold me in contempt of court.

    His relationship with his daughter is the way it is because of his own volition, and lack any attempt to visit and emotional game playing. He tells her that he is going to put me in jail, and make her take a paternity test so he can stop paying child support. It’s crazy that a person can intentionllay abuse and alientate a child on one hand and run to court on the other hand and claim he does not have a relationship with his child.
    In the meantime, our daughters medical bills, and medical needs have tripled- as have her mental health issues and meds. I fear that things will just get worst in this visitation issue if I attempt to deal with the child support issues, even though child support has contacted me in order to proceed with the increase. I am stuck, concerned about our daughters will being and and worn down by these court processes, it seems every month I am going to court, being threatened with jail time and he is using the civil process to harass and intimidate us. I have never seen such a lack of compassion- or a court turn a blind eye towards abuse because one parent can afford an attorney and the other can not.
    Our daughter is being abused mentally, and her father is abusing the court process, because he has the money to do so. I need the court to focus on what is going on with our daughter and how he has put her in the middle of this and made her the object of his abuse, his whipping board because of his anger towards paying child support, and because he does not want it to increase- and because his fraud will eventually be uncovered if that increase is pursued.
    We do have a history of domestic violence and restraining orders.

    When does the court take into consideration the parents relationship or lack of relationship with the child? Who will listen to what is going on with my daughter? Who can advocate for my daughter? This issue right now is about the relationship between the teen and the father, when will she be heard?

    You need to ask that the court order a GAL (guardian ad litem) be assigned to your case.

    Do you have an attorney?
    If you don't, you should get a consult with one ASAP. You can get a low cost consult by calling the Florida Bar Lawyer Referral Service at 1-800-342-8011 or online at:
    http://www.floridabar.org/divpgm/lro...rral6?OpenForm
  • 11-05-2009, 01:40 PM
    NdK1009
    Re: Contempt of Court Hearings
    Piggybacking on Xena just a little bit, is it also possible to get it ordered that the two of you must divide her medical costs based upon the child support ratio? That might help you a little bit as well.
  • 11-05-2009, 05:04 PM
    Xena
    Re: Contempt of Court Hearings
    Quote:

    Quoting NdK1009
    View Post
    Piggybacking on Xena just a little bit, is it also possible to get it ordered that the two of you must divide her medical costs based upon the child support ratio? That might help you a little bit as well.

    If that is not already included in the order, since a CS modification is in progress you should definately request that out of pocket medical be added to the order.
  • 11-09-2009, 03:23 PM
    adak
    Re: Contempt of Court Hearings
    What happens at these hearings? Is there any sort of punishment for making such false accusations?

    I am in a very similar situation. I have contacted a lawyer, but will not be able to meet with him until next month. The lawyer has filed a response, though, on my behalf denying the allegations and stating that there is not sufficient evidence for a contempt of court claim against me.
  • 11-16-2009, 12:37 PM
    ydenise
    Re: Contempt of Court Hearings
    I'm not sure what to do anymore. His attorney has lied and even filed lies, now I wonder if his attorney can be held responsible for the decline of the father- daughter relationship, by offering some hope to the father that he can do something to hurt me if he continues with these sham filings.

    From what I understand GAL only helps dependant children, (in state custody)because of budget cuts.
  • 11-16-2009, 03:55 PM
    Xena
    Re: Contempt of Court Hearings
    Quote:

    Quoting ydenise
    View Post
    I'm not sure what to do anymore. His attorney has lied and even filed lies, now I wonder if his attorney can be held responsible for the decline of the father- daughter relationship, by offering some hope to the father that he can do something to hurt me if he continues with these sham filings.

    From what I understand GAL only helps dependant children, (in state custody)because of budget cuts.

    As far as I know, the GAL program has not been cut back for custody cases.

    What has your attorney advised you to do?
  • 11-16-2009, 10:33 PM
    ydenise
    Re: Contempt of Court Hearings
    Quote:

    Quoting Xena
    View Post
    As far as I know, the GAL program has not been cut back for custody cases.

    What has your attorney advised you to do?

    Xena I don't have one anymore, when I had one he told me that GAL is only if I had done something wrong with the child. I don't understand that since the father who is abusing the child asking the child to be forced into family counseling with him. Well in court they are calling it "family counseling" because it has to go through his insurance, the fellow who the court appointed is says he does not do counseling he only enforces the visitation order, he refuses to talk to her current therapist and mental health professionals who have all stated that the child should not be forced into counseling. Something has to be done to make sure the child's rights are not being violated or overlooked by the courts, as a well as to assure the child's safety. If I can not afford an attorney, then who does this?
  • 11-17-2009, 06:34 PM
    Xena
    Re: Contempt of Court Hearings
    Quote:

    Quoting ydenise
    View Post
    Xena I don't have one anymore, when I had one he told me that GAL is only if I had done something wrong with the child. I don't understand that since the father who is abusing the child asking the child to be forced into family counseling with him. Well in court they are calling it "family counseling" because it has to go through his insurance, the fellow who the court appointed is says he does not do counseling he only enforces the visitation order, he refuses to talk to her current therapist and mental health professionals who have all stated that the child should not be forced into counseling. Something has to be done to make sure the child's rights are not being violated or overlooked by the courts, as a well as to assure the child's safety. If I can not afford an attorney, then who does this?

    Go to www.flsenate.gov/STATUTES and read chapter 61. In particular 61.401 through 61.405, the statutes regarding GALs.

    You can file a motion for an order appointing a GAL. You can find the form for that, form 12.942 at www.flcourts.org click on family law forms.
All times are GMT -7. The time now is 01:33 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved