Legal Question in Family Law in Colorado

can you file a response/contempt if a contempt was filed against you?

for the second time my ex husband has filed a contempt against me saying that i withold our children from him. He has not been an active parent since the divorce in 97. he moved out of state for 3 1/2 years without my knowledge and returned and filed a contempt that he wanted to see our kids. we went to court in 2003 and settled for supervised visitation first with our kids counselor, then casa, and then casa pick up drop off. it was written that it is up to the counselor in the best interest of the children how visitation is handled. this is the second time with a different counselor that he stopped coming for visitation. So the counselor said that the father could not have any contact with the children. a year after that he attempted to serve me without luck. now another year later he served me telling the court about the court order from my divorce, saying i move around to keep the kids away from him and that there is no other court order in place. all of that is a lie-he is the one that always stops coming for visitation. can i file something stopping him for constantly filing a contempt on me? can i file a contempt on him for not following the last order? can i file a response to the contempt he filed against me?


Asked on 6/28/05, 7:48 am

1 Answer from Attorneys
The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: can you file a response/contempt if a contempt was filed against you?

You can file a response, but it is not required in contempt proceedings. There is a statute that allows a person to ask for attorneys fees if the other side frivolously file pleadings (as it seems your former spouse has been). He is using the contempt process to harrass you. You need to be very aggressive so that he learns that filing contempt citations does him no good. I would be happy to speak with you in person about your case. Presumably you have a hearing set up already. Please contact our office directly to set up a consultation, which we offer for a flat fee of $150.00. Thank you for posting your question on LawGuru. I hope that I may be of assistance to you.

Sincerely,

Alexandra White, Esq.

(303) 299-9484

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Answered on 6/29/05, 5:27 am


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