If I just finished settling a case brought against me by my daughters mother, can I now sue for contempt that occurred?

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If I just finished settling a case brought against me by my daughters mother, can I now sue for contempt that occurred?

I have multiple police reports showing denial of visitation. When I warned mother that I would bring the matter to court and she sued first with ludicrous accusations. We have settled the case. Can I now bring up the contempt issues that were not covered in her suit?

Asked on August 30, 2012 under Family Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You do not "sue" based upon contempt.  Contempt is a proceeding brought before a Judge regarding a violation of the Court's order.  What can happen is that the court will throw the violator in jail but most likely what happens is that they are given a stern warning.  You can bring the motion if she is denying visitation but if the new order covered visitation you should have probably said something during that proceeding.  But I would consult with an attorney who can read all of your paperwork.  It is hard in this forum.  Good luck. 


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