Wife was a no show

[Jdogs]

I got visitation for my daughter from a comissioner on Saturdays from 10am till 6pm. However the wife did not show up for our first meeting. I informed my lawyer and filed a police report. I waited two extra hours and she did not contact at all. The commissioner never asked if we needed a third party contact incase somebody was late. Reguardless she violated the court order. Is there anything I can do? What will likely happen ?

Thanks for the help
jdog

You hold her in contempt, and likely you will get more time, and if she keeps it up you could actually get custody.

Most judges like to see a Motion to Enforce before seeing a Motion for Contempt. Since this is the first time this has happened, it's highly unlikely she'll lose custody over it. In fact, she's not likely to lose custody, period, unless she is proven to be a danger to the child.

Filing a police report is a waste of time. This is a civil matter and they cannot get involved. It's surprising they didn't inform you of that.

A judge won't likely take your Motion for Contempt seriously if this is only a first time offense. That is jumping the gun a bit. Talk to you attorney and have him/her speak to her attorney and let her know that if she continues to violate the court order, you will petition the Court with a Motion to Enforce.

[Jdogs]

I called my lawyer. Unfortunetly she doesn't have a lawyer and I can not contact her at al.

On a side note is it true you can not use lie detector tests in a civil case? I could pass a lie detector test on her alligations.

You don't need to go to such lengths. Simply record the times she violates the child visitation order. That should be enough to file a Motion to Enforce.

it sounds silly, but i have geard of cases using this, in case she says you never showed, if there is any kid of store around, make a purchase and you will have a dated receipt in the area of the meeting

Originally Posted by Unregistered Most judges like to see a Motion to Enforce before seeing a Motion for Contempt. Since this is the first time this has happened, it's highly unlikely she'll lose custody over it. In fact, she's not likely to lose custody, period, unless she is proven to be a danger to the child. Filing a police report is a waste of time. This is a civil matter and they cannot get involved. It's surprising they didn't inform you of that. A judge won't likely take your Motion for Contempt seriously if this is only a first time offense. That is jumping the gun a bit. Talk to you attorney and have him/her speak to her attorney and let her know that if she continues to violate the court order, you will petition the Court with a Motion to Enforce.

a motion to enforce has already been done, when the order was done. When you do not follow the order by the judge, you are in contempt. and as stated previously if she continues to not allow dad his visitation, that is called parental alienation and she most certainly can lose primary custody of that child, and in a heartbeat.

OP this is bad advice, you do not sit on your hands saying if you keep doing this i will file for a motion to "enforce" you haul her butt back in court with a motion of contempt, the judge will take it seriously, and if she does continue to do this, it will be very bad for her, but DO NOT SIT ON YOUR HANDS!!!

Originally Posted by Unregistered it sounds silly, but i have geard of cases using this, in case she says you never showed, if there is any kid of store around, make a purchase and you will have a dated receipt in the area of the meeting

i agree, or use your cell phone video recorder , and record yourself there with a time stamp.

I don't know what State you reside in, but a Motion to Enforce is not automatically handed down along with the original custody order. If you do not believe this, check out your local courthouse documents.

This is off my State's Legal Aid website: Motion to Enforce
File this motion if the other party is not following your order and you want the court to enforce it. Your other choice is Motion for Contempt (see below). Here are some reasons why a Motion to Enforce may be a better choice:

If you have mutual children, you will meet with a Family Law Magistrate (Magistrate) soon after you file your papers. The meeting is more informal than a court hearing and easier to do without a lawyer. Also, if your case goes beyond this meeting, the Magistrate will help to guide your case through the court.
The forms and court process are easier, compared to a Motion for Contempt.
If your case goes to a contested hearing, your “burden of proof” will be easier to meet. Proving contempt is harder to do.
Motion for Contempt
This is an alternative to the Motion to Enforce (see above). If you file this kind of motion:

You must get a Judge to approve your action first, before serving the other party with the papers.
You may have to wait longer to get a hearing with a Judge.
The other party is subpoenaed to a formal court hearing.
You will have to prove more at the formal hearing to get a Contempt Order.
A Judge may order more serious sanctions than you can get with a Motion to Enforce.
In summary, a Motion for Contempt is asking the court to take more drastic action. Generally, using a Motion to Enforce is simpler and should work to get what you need. However, if the other party is ignoring an earlier Order to Enforce or is extremely hostile to doing what the court orders, you may want to go the next step by bringing a Motion for Contempt.

A Motion to Enforce is usually all it takes to get the opposing party to abide by the original order. It is less time consuming and a simpler process than a Motion for Contempt.

Besides which, it is jumping the gun a little to run into court over a one time instance.

Parental alienation is not normally something judges take much stock in. Family Court usually encourage it in the first place.

The mother in this case is not going to lose primary custody over a one time instance. Nobody here knows the full story, so it's irresponsible to be advising the original poster to drag her into court over something that has only happened, by his own admission, once.

[Jdogs]

It happened again today. No show. I have emailed my lawyer. I am basically getting bent over so any ground I can gain at this point would be great.

I appreciate all the good info