Legal Question in Family Law in Missouri

If mother files contempt of court against father, does court have to advise father the extent of what the civil contempt means and what consequences are and that father has a right to an attorney? When should that be done by the court and what if it was not and the father allowed to proceed pro se without being given knowledge of the consequences and given chance to know that has a right to attorney?


Asked on 10/09/12, 7:45 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Your question does nto provide enough information. If the "penalty" for contempt is the loss of parental rights, than, there may be a duty to inform a repondent that the court can supply counsel for them. If it is just that they lose the benefit of some action the respondent had been asking the court to take, then there probalby is no obligation to provide counsel for the respondant.

You did not indicate how the repsondent husband got the impression that they could not have an attorney represent them In most Motions/requests for Contempt, the penalty sought is often listed in the Motion. If no penalty is described, than the "penaly" for contempt is left up to the discretion of the judge. They have some, but not total latitude in deciding what is appropriate. If the husband gfeels the "penalty" was too severe, or he had a right to appointed counsel, he should appeal it THROUGH HIS ATTORNEY.

Good luck

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Answered on 10/12/12, 10:07 am


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