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  1. #1
    Join Date
    May 2012
    Location
    FL
    Posts
    137

    Default Visitation Contempt Hearing

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



    Ok we live in Fl and DH's kids in WV, the order is out of WV. He has a hearing coming up for contempt. He filed it against the Ex for not allowing summer visitation or phone contact. With the phone contact she claims she cut off the house phone because she canít afford one. Has a cellphone but it gets no reception at home. She says they are busy and she is at her motherís on Sunday nights for 2 hours he can call then. If he calls another time she wonít call him back. Tho she acknowledged in text messages that she talks to her mother daily. He is also to have the kids for the summer and didnít get them. In the paperwork that came it says she is to appear and show why he should not be granted the relief requested. WE have NO money for an atty, she will have one. In the filing he never asked for relief. What could come of this hearing? Esp being as the distance is so great and itís not like there is a way to afford "make up" visitation time. He has to appear in person so flights this time of year are not cheap!


    There is also ALOT of back and forth between them. When it comes to all of these things. She says he canít call when he wants. She says not to call her parents then says to call there. Same with visits every year. How they are getting here changes every year. She says she is going on vaca so will drive them to us, the next is flying, the next time she wants to meet halfway, the next she cancels one flight and moves it weeks later to an airport 3 hours away. Then the kids donít want to come and then she wants to keep them itís horrible. The last court order does say if someone doesnít abide they are responsible for the other parties Atty fees. We couldnít afford atty fees can she be responsible for paying his travel being as he has to be there? UGH

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Contempt Hearing

    What relief is he requesting though? I mean he has to actually ask the court to "do" something - they won't do it of their own accord, y'know?

    If he hasn't done that, there's a really great chance it will just be tossed out.

  3. #3
    Join Date
    May 2012
    Location
    FL
    Posts
    137

    Default Re: Contempt Hearing

    Yeah we filled out the paperwork. They granted the hearing but in the paperwork it never asked for him to ask for ant relief. This was the form that was filled out and sent in.


    http://www.courtswv.gov/lower-courts...orms/FC251.pdf

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