Legal Question in Family Law in Massachusetts
contempt
My question is if i am 5-10 minutes late dropping off my child to his fathers not intentionally it's early in the morning and i'm running behind for work is this considered contempt and if my child's father tried bringing me back to court would anything happen? Please help me he is spiteful and just wants to see my son taken away from me so he knows he has control... i'm so sick of the petty stuff and can't seem to win. Please help!
1 Answer from Attorneys
Re: contempt
Contempts are based on intentional violation of court orders. Unintentional violations should not be considered contemptuous. However, a judge may consider a pattern of conduct. If you are always late, the judge could find that intentional. If you are talking about one time, a judge wouldn't consider it.
On the other hand, the father can file a contempt against you. This would require you to appear in court and defend. You might prevail but you still have to go through the process.
If the judge found you in contempt, there is still the issue of what to do about it. This would not be a basis for taking your son away from you. It could be the basis for a monetary punishment. Judges don't like to do that as it takes money away from the child. What is likely is the judge to tell you to prepare better so this problem doesn't happen in the future.
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