Q: I filed for contempt with my ex for failure to return our daughter after his parenting time.
He lives out of state and we are each to drive 6 hours to meet halfway. He wrote via email that he was intentionally not returning her 12 hrs before the exchange. I still drove the 6 hours to find out he didn’t show. He was served the order to show cause for our hearing on Jan 13 back in November and I just received a notice that he’s trying to appear by phone for that hearing 8 days prior to the hearing. 1. Should I answer the motion for absentee testimony that he sent to me? 2. Can he testify via phone for a contempt hearing, or does he actually have to show up? And lastly can I ask for police assistance to return my daughter if he doesn’t show up for the hearing?
A:
Without knowing all the facts of your case, here are my thoughts:
1. You should respond to the motion. If you do not, the court may grant it automatically.
2. It is up to the court re if he can testify by phone. It is reasonable to expect him to have to appear in person.
3. You may be able to request police assistance. It will help if you have a specific order for her return. You may want to retain a lawyer in the other state to help with this.
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