Do I file contempt motion? My ex denied part of my visitation.

Additional Information:

My ex-wife is denying me my second part of my summer visitation with the kids.  I live in Framingham, MA and a couple of days into my 14 day summer visitation she came to pick them up, did not return them and has not allowed me to speak with my kids.  What can I do? Do I file a complaint for contempt motion in Framingham District court?

ATTORNEY ANSWER:

You are right that you’re ex-wife is in contempt.  However, you will file a Complaint for Contempt and it will be filed in the Probate and Family Court in the county that your divorce was handled in unless that was not in Massachusetts.  There is no filing fee for the complaint, but you will have to pay $5.00 for the Summons.  Once you’ve filed and receive the summons, you will have to have your ex-wife served by Constable or Sheriff.  In-hand service is not necessary, though.

Do you have any idea why your ex-wife came to get the children and would not bring them back?  What do you think your ex-wife’s defense/argument will be when she must answer to the Court why she shouldn’t be found in contempt?  You should always be ready for the opposing argument! 

The Framingham Divorce Contempt Lawyers  at Leone Law Offices represent clients throughout Massachusetts and the Greater Boston Metrowest region including Framingham and the neighboring communities including: Ashland, Natick, Holliston, Marlborough, Natick, Sherborn, Southborough, Sudbury, and Wayland.

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