Legal Question in Family Law in Virginia

Petitioner offering to settle Motion for Show Cause

I filed a Motion for Show Cause against my ex-wife for violations of our custody agreement/final divorce decree. She has retained an attorney, but I am representing myself. Would it be possible and/or appropriate for me to offer to settle the matter out of court?

Part of my motivation is to obtain remedies not available to the court. Specifically, my ex-wife transferred my daughter to a religious private school without consulting me, even though we have joint legal custody, and we are obligated to consult each other on all major decisions involving our daughter. I would like to be reimbursed for monetary damages (fees still owed to the old school), and I would also like my ex-wife's agreement to a slight alteration of the visitation provisions.

I am thinking of suggesting this settlement possibility to my wife's attorney, but I don't want to do anything that will leave me in deep trouble.


Asked on 2/16/04, 5:37 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Petitioner offering to settle Motion for Show Cause

Since you are the petitioner for the SCR(Show Cause Rule), you certainly can propose an offer to

settle whatever is at issue in this matter and, in the event that you reach agreement with your spouse, it would then be incumbent upon you to request that the court dismiss the Rule.

If your final decree of divorce contains provisions for utilizing mediation services or other alternative dispute mechanisms to resolve disputes, these means should be utilized first before resorting to the Show Cause Rule.

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Answered on 2/16/04, 8:52 pm


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