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  1. #1
    Join Date
    Jul 2012
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    3

    Default Judge Refuses to Hear Motion on Contempt

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

    I filed several contempts against my ex for not following our court order. The judge approved a motion to shorten tim and allowed me file exparte, then during our telephonic hearing the judge decides to continue the motions for contempt until time of trial, then grant the petioner request to continue trial. When he continued to not follow the parenting plan and i was still being denied visitation I attempted to file another contempt and again the judge says he will hear at trial but the lawyers need to reach an agreement for visitation. This would just result in me expending all the expenses in order to a visitation, that was the so called agreements.

    At trial my lawyer opens the first day with asking to first be allowed to proceed with my motions of contempt, which the judge declines and says he include them all with trial. My lawyer then cites court law stating that all parties must have a response to motion of contempt in declaration form and with nothing being filed the respondant should not be able to respond in oral form. The judge simples say it will all be considered with trial.

    After three days our case went under advisement with once again the judge saying make a agreement with the attorneyh for visitation until I give my decision. Of course once again if I want to see him pay all expenses again outside of the exsiting order.

    Still no decision and still no following the exsiting order, even worse since I returned my son he has denied all contact, I have asked if I could file another contempt but each week I am told the judge should have a decision this week.

    What should I do my son will be three next week and I have little to no contact in the last 30 days and no visits?


    by the way father has temp custody and lives in South Carolina

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Judge Refuses to Hear Motion on Contempt

    So by "refuses to hear" you mean "heard the motion but has yet to rule"?

    What you should do is (a) obey the order, (b) see how the judge rules (and if you're lucky you'll only be waiting a few more days) and (c) discuss any confusion about the situation or your obligations under the court's order with your lawyer.

  3. #3
    Join Date
    Jul 2012
    Posts
    3

    Default Re: Judge Refuses to Hear Motion on Contempt

    I am following the order and yes the judge has not ruled on any motions. He has already said he isnt going to rule on anything except for he decision of custody. I do not believe he is planning on ruling on the motions at all. My attorney is at a loss for words becuase according to him the court rules state he has to deny or approve my motions. I have a motion to compell, motion of entry for a parenting plan, older motions of contempt in my case file that have no decisions or orders on them, so this is no suprise. It hard to wait for a decision when I have lost all contact with my son. So ok what if we get the decision back and he never rules like he with previous motions, Dont I have the right to have a decision on the motions, after all they could have greatly effected the outcome at trial had they been heard prior to trial.

    This is a wierd case altogether, he got temp custody with never even a motion filed, just an order over the phone the was faxed in during a telephone conference that had to do with a whole different matter.

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