Legal Question in Family Law in Indiana
served with rule to show cause for non-existant order
My ex-husband has served me with a summons to appear in court for disobeying a court order to transport my son to visitation. The issue is: THERE IS NO SUCH ORDER. I filed a response to the petition explaining to the judge that there is no such order. The judge continued the hearing to another date. I phoned circuit clerk and explained. The clerk asked the judge about it and he told her to tell me if there is no such order, I must appear in court to tell him that in person. I live 180 miles from the court. I transport my son out of courtesy monthly but am not ordered and have never agreed to do so. Ex wants more and this filing of rule to show causeof non-existant order is his attempt to get more.
I explained all to judge briefly, concisely in writing to judge to no avail! Help
1 Answer from Attorneys
Re: served with rule to show cause for non-existant order
It would first be of help to know if you moved with the child from where your former spouse lives since the divorce became final. This could have a bearing on the situation if this is the case. If it is, I would suggest you consult the Indiana child parenting guidelines on the subject. You may be subject to a shared responsibility for transporting your child for visistation purposes. It is difficult to say without knowing more. Also keep in mind this is assuming the divorce took place in the state of Indiana. Again, additional facts would be required to give any kind of direction.
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