QUESTION
What legal actions can I take if my ex-wife refuses to follow Rule 22?
Asked on Dec 18th, 2013 on Child Custody - Ohio
More details to this question:
My ex-wife and I have Rule 22 (Shelby County, Ohio) I try to follow the rule to the finest detail due to our lack of negotiation/agreement ability. She has been telling me I will not see him over the scheduled Holiday because she doesn't agree with the agreement (Rule 22) though I have been trying to get her refusal documented, I cannot get her to refuse my visitation through text or email. Is there any corrective/legal action I can take with this refusal?
1 ANSWER
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Assuming that the divorce is final, your Rule 22 schedule became a court order that both of you are to follow and comply with. The remedy for her failure to follow the schedule is a contempt of court that is brought to the court's attention by the filing of a Motion to Show Cause. The Court, once it finds contempt, has the authority to fine her and possibly mete out a jail sentence. It also has the authority to award you make-up time, possibly modify custody if the violations are egregis enough and it would also have the authority to award attorney fees.
Answered on Dec 20th, 2013 at 9:56 PM