Pompano Beach, FL asked in Family Law and Child Custody for North Carolina

Q: Can I file contempt charges since my ex texted me that he was going to keep my son if I didn't come get him?

We have a custody agreement with me having primary physical and him receiving visitation. A lawyer had told me that since it is not specified in our agreement, it is my ex's responsibility to pick up and bring back my toddler son. My ex flat out refuses to do this (I have it in texts where I even informed him of what the lawyer had said). I texted him at 6:15pm yesterday, asking where he was with my son, who was supposed to be home at 6pm per our legal agreement. He told me he wasn't bringing him home and if I didn't come get him, he was going to keep him! I don't have any money to fight him in court but this is an ongoing pattern and he is even being investigated by social services and the police because my son said he hit him with a hammer. So, I want to know if I could file contempt charges against him and how much it would cost. Thank you.

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Divorce Lawyer
  • Jacksonville, NC
  • Licensed in North Carolina

A: Any agreement that doesn't specify who is responsible for transportation is likely a very poorly drafted agreement. The issue of transportation and visitation schedules is the most common problem divorced / separated parents face. Leaving out who is responsible for transportation is like going poo and not wiping your butt. While it may look bad for him in Court to 'play games' like this, there doesn't appear to be anything he could be held in contempt for. Since your agreement is silent on the issue of transportation and he is not keeping the child from you if you come and get him, he isn't in violation of anything to be held in contempt for. Not sure why an attorney would tell you the responsibility falls on him. If the agreement is silent and there's nothing else that makes him responsible. Transportation falls on both of you. Of course a Judge may take a dim view of him basically acting like a jerk - it likely wouldn't rise to the level of contempt. Best of luck.

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