Legal Question in Family Law in Idaho

Re: Could I be held in contemt of court?

CONTEMPT ISSUE:

1. If your divorce decree states that you must deliver the child

for his visitation, and you refuse to do so, then you can

be held in contempt. However, he must file a motion for contempt

and prove that you violated the court order and for a judgment against

him for the monies that he has failed to pay, if you had to pay because

of his failure to pay.

2. If the order is an Idaho Domestic Relations Protection Order

then you can be held in contempt for allowing him to visit the

child if the order states he can have no contact with the

child. Many of these orders require neither party to violate

the terms of the order.

3. If the order is an order of no contact in a criminal case

as a condition of the defendant's release, then probably you

wouldn't be in contempt, but he could lose his release

status.

4. His visitation with child is the minimum he can have

visitation. It is his choice whether he exercises this right.

5. Unless the court order specifically orders you to provide

him with the child, you would not be in contempt for

failing to take child to him.

One proviso is that if you stop him from visitations

on a regular basis, the court can grant to him the custody

based on your refusal to provide visits.

DAYCARE:

1. You need to file a motion to hold him in contempt for

failing to pay his portion of these expenses.