Q: can I contempt mom for her boyfriend for whipping my children?
In the shared parenting agreement it states “the parties agree that each shall be responsible for disciplining the children during their time” there is a lot more in between that but the end “the parties further agree that it is each party’s responsibility to discipline the children and they shall not use any form of physical discipline on them”
She has stated that her boyfriend will do the whipping and that they do not need to contact me when the children are being disciplined. Law enforcement says it’s ok to whip them so we’d have to go to court to file anything. Will I be wasting my $100 if I file contempt for this? I have other contempt’s to file as she is allowing them to go out of town with neither of us being there this thanksgiving When it’s my thanksgiving and also not making my son come to my house on my scheduled week because “she won’t make him do anything he doesn’t want to do” and “they make their own decisions”
A: The court has no way of knowing if a parent is not following the court-ordered parenting arrangement and other terms unless the other parent files with the court. Check the parenting agreement to see if mediation is required before filing with the court. If not, then if you file for contempt, the court would then schedule a hearing to hear all the evidence and then decide what action to take. Even if the court does not find her in contempt, the court might instruct her to follow the terms, which might be enough. Use the Find a Lawyer tab to retain a local family law attorney to advise you.
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