A relatively new client, a father engaged in a bitter custody battle,had to deal with the mother’s constant interference with his parenting time. After Jennifer Kolbusz had the mom held in contempt, the father was awarded eight consecutive weeks of parenting time. It was an extraordinary “win” for this father who currently sees his daughter every other weekend and once every Wednesday.
The judge held the mom in contempt and ordered the extra time for the father. Jennifer was able to prove that the mother had wilfully failed and refused to turn over the child the for parenting time and that she had committed many other violations of the joint parenting agreement.
For several months, the mother’s serious violations had gone unchecked. They consisted of unilaterally taking the child out of state, enrolling her in another school, and using a surname different from the father’s (contrary to the parties’ agreement). Although we could only prove the mother took the child unlawfully for a limited period of time, we proved enough serious violations that the Court felt it was appropriate to award father significant make-up parenting time as a remedy (beyond the time he actually missed).
Moreover, the Court made a finding of contempt against the mother since she intentionally, without good cause, violated the agreement. The finding is significant for many reasons: our client not only feels like there is finally some justice and has additional parenting time, but also the contempt finding helps support his custody case.