More details to this question:
I need to file several contempt of court order complaints against my ex-wife. She just won't stop violating our Final Custody Agreement and I'm wondering if I can/should file several complaints simultaneously: 1. Violation of court ordered completion of Co-parenting Class (this dates back from 1/2011), 2. Violation of agreement to exchange the children at the designated unless agreed upon by both parties (10/2011), 3. Violation of children/fathers right to speak at least 3 times a week (this week and several times in the past), 4. Violation of giving me first right of refusal to have the girls if she needs someone to watch them overnight (6/2012) She is creating alienation of affection between my daughters and their family on the paternal side of the family as well; so I'm not sure of the course of action to pursue/next steps. Thank you for your assistance. Cary
2 ANSWERS
Family Law Attorney serving Newton, NC
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John F. Cutchin, P.A.
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Yes, most judges take these issues you address seriously. Any attorney, if she is found in contempt, can usually recover attorney fees from the opposing party as ordered by the judge. You should contact an attorney in your area, especially in the county where the original order is entered to pursue this as quickly as possible.
Answered on Feb 18th, 2013 at 3:40 PM
Commercial Litigation Attorney serving Charlotte, NC
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Erdman and Hockfield, LLP
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Cary,
Contempt actions must be proved beyond a reasonable doubt, so be cautious about going to court unless your evidence is very strong.
You describe a mixture of contempt actions (violation of a court order) and breaches of contract (violation of an Agreement).
Most likely, your lawyer will try to combine as many of those claims into one document as possible, in order to be most efficient.
Good luck,
David Erdman
Charlotte
Answered on Feb 18th, 2013 at 3:12 PM