The situation is this,
My husbands ex-wife, has filed a order to show cause against him. She claims he is in contempt of an order in their divorce decree. However, we know he is not. The problem is, the area she is referring to in the decree is open for interpretation. She actually tried to file a contempt motion against him in 2006, in the county the decree was drafted, however after my husband spoke with her attorney at the time he made her realize he was not in contempt, and nothing proceeded to court. Now here we are 2008 almost 2009, and she had a change of venue, and had filed the order to show cause. We know she did not take it to court in 2006 because the Judge (who granted the divorce) was very aware of the way it should be interpreted, and she knew she would lose her case.
Ok so that is the background information.
My husband does have an attorney, but the case is in another state, so it is making Communication with that attorney difficult. In addition, obviously we are charged every time we call him, and we cannot afford to just call with random questions.
I actually just graduated with a degree in paralegal studies, and I would like to do everything I can to make sure my husbands attorney has all the information he needs to win this case.
So what I was thinking is, what about getting a statement from someone in the county that the decree was drafted in? Would it be possible to contact the court and request such a statement form the judge that presided over the divorce? I also thought about contacting My husbands attorney during the divorce and asking him for a statement, but would that actually prove anything? My husband's attorney has not suggested any of this.
What I have already provided to my husbands attorney is
1. The letter we received in 2006 threatening to file the contempt motion if he did not comply.
2. The motion to withdraw form his ex-wife's attorney we received in 2007 ( I thought this would be good to prove she continued to represent his ex-wife for another year after we received the letter. This should cause some suspicion as to why she did not proceed with the contempt motion considering she already had an attorney, and if my husband were in contempt, he (per the divorce decree) would be responsible for her attorney fees. Moreover, there would be no need to interoperate the divorce decree in the presences of the same judge that approved it.
Ok so what do you think about my Idea, and any other possible ideas would be greatly appreciated.
It is too late to file a petition to deny the change of venue. The request to change venue was granted July 2007. Plus the order to show casue has already been served, and a hearing has already been set.
We live in Texas. She moved to colorado and divorced him. She then moved to Utah and that is where the change of venue was granted. So we never lived in Colorado but that is where the divorce took place. The hearing is next month, there is no way to get the courts to change the venue back to colorado that quickly. How would we even that? we would have to request the change through Utah right? not Colorado correct? is this a request that would have to be heard in front of a judge? I know when she had the venue changed to Utah, we did not get a say, we just got a letter saying that is what happened.
Pogolaw I don't understand. The issues were only addressed when the decree was granted. She only made a threat through her attorney in colorado to file a contempt motion it never happened. after that she changed venue.
Would I be able to ask the courts for such a statement? or would I be denied
That is interesting, however, it pertains to child coustody, this case is regarding debt devision. however, much of what I read should apply to this case, but considering a child in not involved I don't think it would..
Answer by Pastor Art (((SFECU)))
It sounds like you should file a petition against her in the original court and ask that the change of venue be denied and get the original court to rule on it.
Note that I am not a lawyer.
Usually post divorce issues should be handled by the original court and if possible the original judge.
Answer by Discipulo legis, quis cogitat?
This may be of help to you:
Utah Practice Series
Current through the 2008 Update
Utah Family Law
Eric Johnson
Title 78B. Judicial Code
Chapter 13. Utah Uniform Child Custody Jurisdiction and Enforcement Act
§ 78B-13-207. Inconvenient forum
(1) A court of this state that has jurisdiction under this chapter to make a child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon the court's own motion, request of another court, or motion of a party.
(2) Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate that a court of another state exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) the length of time the child has resided outside this state;
(c) the distance between the court in this state and the court in the state that would assume jurisdiction;
(d) the relative financial circumstances of the parties;
(e) any agreement of the parties as to which state should assume jurisdiction;
(f) the nature and location of the evidence required to resolve the pending litigation, including the testimony of the child;
(g) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h) the familiarity of the court of each state with the facts and issues of the pending litigation.
(3) If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
(4) A court of this state may decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
FOCUS
Trial court properly determined that California was more appropriate forum than Utah in which to litigate custody of child, even though child was born in Utah; natural parents had lived for many years in California, mother had only recently come to Utah for purposes of giving birth to child in order to take advantage of Utah's more liberal child custody laws, and California had access to greatest amount of relevant information with respect to natural parents based on prior custody proceeding involving another child. U.C.A.1953, 78- 45c-7(3) (superseded by § 78-45c-207). State in Interest of W.D. v. Drake, 770 P.2d 1011 (Utah Ct. App. 1989).
NOTES OF DECISIONS
1. In general
1. In general
Florida, as decree state, had discretion to decline jurisdiction of modification of custody decree, if it determined that some other state was more convenient forum. West's F.S.A. § 61.1316. State in Interest of D.S.K., 1990, 792 P.2d 118.
Uniform Child Custody Jurisdiction Act does not mandate loss of jurisdiction to original state in all cases in which original state making custody determination may later be inconvenient forum, and only if Utah chooses to relinquish jurisdiction, based on best interests of children, will jurisdiction transfer from Utah. U.C.A.1953, 30-3-5(3), 78-45c-3(1, 3), 78-45c-7(3). Rawlings v. Weiner, 1988, 752 P.2d 1327, certiorari denied 765 P.2d 1278.
Answer by Pogolaw
I would think that the court would find that it has no jurisdiction on this matter unless the ex wife is claiming a new complaint but that would still not put your husband in contempt of the new court.
When I was served the petition I would have simply stated in my reply that the divorce decree and all orders and amendments to said decree were issued in another court of jurisdiction. No venue, no contempt and that the issue has already been addressed in the court of jurisdiction.
If there was no contempt then, there shouldn't be contempt now unless some new development has taken place. Anything and everything you can gather up could be beneficial, don't worry about whether you know for certain if it can help or not, let your attorney make that determination. Somethings might not even be admissible because of the rules of evidence but your attorney will know what he can present and what he can't.
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Orignal From: Family law question.. Attorneys please advised...?
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