My husband is having a very difficult time with his ex-wife cooperating with the visitation schedule established by the Massachusetts Family Court. He is a pilot and we live in Norfork County, and he works out of Logan Airport. She has moved to New Hampshire, almost at the very top near Maine. Due to the fact of him being a pilot, his work schedule is very erratic, but he is making the best efforts he can to see his daughter. His ex-wife is making it very difficult for him, since she refuses to follow the court orders. The court order states that she must pay half of all transportation costs, when the daughter comes to Boston to visit her father. She constantly puts her on a plane late, making it so my husband cannot take all the shifts that he would like, since he’s waiting extra hours for his daughter. We keep trying to work with her, and have her extend the hours that we get to see my husband’s daughter, but she will not cooperate. She also will not follow the court orders, and we don’t know what to do. How do we make her accountable for the court orders? How do we force her to go by the divorce judgment in visitation and custody schedule?
Obviously, you have attempted to work things out with your husband’s ex-wife, outside of court and that has not happened, so your only option is to return to Family Court and file a motion for contempt. At our law office, whenever we file a motion for contempt in such a situation, we also file a motion for legal fees. The reason for this is, if one of the parents is not following the guidelines established by the child custody and visitation orders, you would not be going to court and spending money on lawyers. So in a situation such as yours we would file a motion for contempt on the basis that she is not paying half the plane fare or travel expenses as ordered by the court, and she is also not following the time guidelines established by the court. This is both causing your family extra money and hardship, and she should be forced to compensate you for needing the services of an attorney and be forced to strictly follow the guidelines established by the child custody agreement and child visitation agreement.
Joseph F. Botelho, Esq.
BOTELHO LAW GROUP
Attorneys At Law
901 Eastern Ave.
Fall River, MA 02723
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