How do I file a Motion to Adjudge in Willful Contempt in Rhode Island Family Court?
August 05, 2013
Authored By: Christopher Pearsall, RI Divorce Attorney
a.k.a. " The Rhode Island Divorce Coach ℠ "
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Question: How do you adjudge in contempt in ri family court? My ex took my parental rights away from me until he filed a motion to modify visits
Answer: To Adjudge in Contempt in Rhode Island Family Court assuming it is an open court proceeding before the court you would file a Motion to Adjudge in Willful Contempt.
A basic motion would typically consist of the following:
1) Identify the Order of the Court that the other party has violated.
2) Direct the Court to the specific terms of the Order that the party did or did not do.
3) Claim that the party has willfully disobeyed the Orders of the Court and therefore should be adjudged in willful contempt of Court.
The person making the motion would then ask for the relief that they would like from the court. This relief could be attorney's fees, lost wages for having to file and prosecute this motion, an amount of financial damage that you suffered, committal to the ACI (Adult Correctional Institution) until the person complies with the Court's Order, etc.... Relief in these motions vary based on each case.
Since there is no information about your case I have just given you some basic examples of types of relief you might request. Now regarding your 2nd sentence, you ex-partner is not able to unilaterally take away your parental rights since only the court has the power to do this and does not do so lightly.
Therefore, I'm not really sure what you are referring to here. Unfortunately this is the best guidance I can give you since I do not have detailed specifics about your case which would require much more than is allowed through this forum. My very best of luck to you in your matter in the Rhode Island Family Courts!