In family court custody proceedings, repeated violations of court orders (such as denying parenting time, unilaterally changing schools, or failing to appear at hearings) can result in contempt findings, which may lead to sanctions or custody modifications; courts require parties to follow established parenting schedules and make joint decisions regarding the child's welfare, with written documentation recommended for agreements to prevent future disputes.
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Mom Takes HUGE L In Custody CourtAdded:
All right, we'll start with the matter of Kendall Crissell versus Melissa Crissell, file number 24-19939 DM. Counsel, please place >> I am surprised. There she is. Yes, it is, Judge. Her Her complaint uh I think it has to do with the uh providing the child for uh a holiday um parenting time. Child wasn't delivered at the appropriate time.
>> Okay.
What time was the child supposed to be there and what time did the child ultimately get >> She was supposed to be there at 6:00 and she didn't arrive until about 6:45.
>> All right. So, what are we seeking on this, Mr. Plumberg?
>> Well, Judge, my client filed this complaint on her own. I'm not sure what relief she's asking.
Um there was a delay, certainly. What do you want to see happen as a result of this?
>> I just wanted it on record that she was dropped off late.
Um that was all.
So.
>> Okay.
>> And I actually put >> [clears throat] >> in the papers when I filled them out. I just wanted it to be put on record is all I was looking for.
>> Does Robert have anything that you or your client wants to say as to why uh the late drop-off?
>> Uh yes, Your Honor. This was actually their first uh drop-off after coming to agreement on on their 50/50 parenting time and everything.
The in the language said the day before spring break starts, my client was confused about which day that was. Um normally the two would communicate, but Ms. Crissell put in a PPO that made them have no contact. Um she did contact the person that's Mr. Crissell has had uh dropping off.
Uh as soon as she was contacted, it was cleared up and she Ava was dropped off. It was just a mistake.
>> All right.
So, I I will dismiss the show cause, but obviously uh the parties both need to make sure they're following the terms.
If it becomes a ongoing issue, then certainly uh there can be contempt and future sanctions. Anything else, counsel?
>> No, judge. Thank you.
>> No, thank you.
>> [snorts] >> Court, next call the matter of Rebecca Degrees versus James Dash, file number 24-19634DC.
Do we have the parties on that matter present? Yes, Judge. Elliot Bloomberg on behalf of James Dash, the defendant.
Thank you.
Do we have Ms. Degrees present? She's not.
Here so I hadn't heard no response.
We're here for a variety of things.
You've got a motion, is that correct, Mr. Bloomberg, as well as then we have some show causes. Yes, Judge. We The long history of Ms. Degrees is that she fails to follow the court order, has continued to deny my client hearing time. We had a hearing before you which resulted in the finding of contempt against Ms. Degrees. It ordered to make up hearing time with my client still is being denied. Moreover, the parties share joint legal custody of the minor child. She is unilaterally changed schools without consulting with my client. All of that is led to us filing our motion to change custody in this case. We ask the court to schedule an hearing to conduct a determination whether physical custody should be changed. We are also asking the court again to find her in contempt for her failure to appear today. This would be the second or third finding of contempt.
>> All right.
I'm sure you kind of want to get the earliest date we can.
I've got some 1 hours available earlier than a 3 hour. Um I mean knowing where we're at, do you think you need more than that hour?
>> Well, Judge, again, I think the again, the change in circumstance that would allow the court to consider the change of custody is based on her continued denial of parenting time in violation of the court order.
If we can limit the issue to that, we could probably do that in an hour.
>> All right. Um are you available July 1st?
At 11:00 a.m.?
>> Let me just take a quick look.
>> Okay.
>> Uh Russell No, I'm Well, well, that's not going to Uh I'm sorry, at what time?
>> Uh 11:00 a.m.
>> Yeah, I think we can do that.
>> Okay.
So, we'll put you down for July 1st at 11:00. Um yeah, we can spill over in the lunch hour a little bit or two if we have if we need some additional time, but given the state of this case, I think it's important to get us uh before the court as soon as possible given her lack of uh appearance and participation and what is going on. So, we'll schedule the matter for an in-person hearing on July 1st at 11:00 a.m.
>> Judge, would you consider I mean, she was ordered to appear today by both you and Judge Merz, and her failure to appear I'm asking the court to find her again in contempt. [clears throat] >> I'm going to address all of her contempt issues at that hearing on July 1st.
And there is a variety of potential reasons to find her in contempt and I will address all those on July 1st.
>> Okay, thank you.
>> Thank you.
>> Your Honor.
>> Yes.
>> I'm sorry to interrupt. Um, Ms. Degrace actually did just appear in the waiting room.
>> Okay.
Is she in the courtroom now?
>> I did just bring her in.
>> All right, we are we're back to Degrace's presence.
All right, Ms. Degrace, if you are present, you need to unmute and start your video.
All right, well I don't have all day. We have a very busy docket, so I don't have all day for her to figure out how to communicate. So, we're going to move forward with our hearing date, which is set, because I'm guessing there's not to be any resolution between the parties today anyway, so we are scheduled for July 1st for those issues at the evidentiary hearing.
>> Thank you.
Thank you.
>> We'll call the matter of Chase Johnson versus Anna Perry.
File number 20-18298C.
Do we have anyone present on that?
>> Yes, Your Honor.
>> Yes, I'm here, Your Honor.
>> Okay, both parties are present.
This is a show cause hearing.
It's Mr. Johnson, I believe, related to a complaint by Ms. Perry. So, Ms. Perry, how are you saying he violated the custody order?
>> Mr. Johnson constantly asked to change um days. His days are Wednesdays, every other Wednesday from 5:00 to 7:00.
And every just about every single Wednesday he's asking to change or cancel or he's having someone else pick him up and he's not even spending half of his time with the child like he's supposed to.
Um and then Mr. Johnson cut the child's hair without me being okay with it.
>> All right, is there any sort of order that says you guys have to come to agreements regarding haircuts?
>> Um I don't even know if he is supposed to alter the child's physical appearance whatsoever.
>> There's no order for that, Your Honor.
No.
>> All right, what do you want to say regarding these issues, sir?
>> I mean, uh my son he as for the whole changing the visits. I like it's not an all the time thing and she's only referring to the date of March 4th.
We changed to March 5th and at the time it seemed like she was okay with it.
And then as for the haircut, she was telling me that she just can't get him to do it. So I thought, you know, I was going to get my haircut one day and he wanted to get his cut, too. So I figured I'd take advantage of the fact that he wanted to get his cut. So I took him to a professional, picked a haircut that he's had in the past.
Got him that haircut and then it wasn't an issue until after CPS was called on her when my son came to me with the bruise and said that her and her boyfriend spanked her. So I just I don't understand why we're even here.
To be honest, I don't understand what I did wrong.
>> Ms. Perry, what is the issue with the haircut? Is there some religious reason reason not to cut hair or you don't like the haircut style or you want to be the one doing the haircuts? What is the issue?
>> So Colton had longer hair. He loved his longer hair.
He didn't want to cut so I was teaching him how to properly brush his hair out.
Um he had come to me before bawling his eyes out saying that Mr. Johnson's wife was calling him a little girl.
And then Mr. Johnson asked if he could cut his hair and I told him no.
And then lo and behold, the next time I get him back, his cut.
So I think they just did it because they didn't like it.
And they were bullying the child to begin with about his hair.
>> All right. So then also, sir, you have a pending motion regarding custody, is that correct?
>> Yes, your honor. We have a hearing on the 17th of June.
>> That's June 17th. So okay.
So regarding the show causes, I am going to dismiss those show causes and not hold uh Mr. Johnson in contempt.
But obviously some of these issues regarding exercising parenting time and what a schedule should look like will be addressed down the road when we have the next hearing regarding his custody motion.
Any questions, Mr. Johnson?
>> None at all, Your Honor.
>> Ms. Perry, any questions?
>> No, Your Honor.
>> All right, we'll see you both back here, looks like June 17th then at 10:45.
Thank you.
>> Thank you.
>> All right, next on the docket is Stephanie Beebe versus Joseph Beebe, file number DM. Do we have anyone present on that matter?
>> Uh I'm here, sir. My last name is Fiser, F I S E R.
>> All right, thank you, ma'am.
>> Thank you.
>> Do we have Mr. Beebe present?
>> I am.
>> All right, and Ms. Fiser, this is your attorney time complaint, is that correct?
>> Correct.
>> And how are you saying the order was violated?
>> Um we have 50 50 50 legal custody of our son, Cameron, who is 10.
Um I was not made aware of a psych appointment until last minute, and I had said no to the appointment.
Um cuz I wasn't aware of what was going on.
Uh and I am just the file is to have both parties agree on a psychologist for or a counselor for Cameron to speak to.
>> All right, and so what remedy or what are you seeking at this time?
>> I am just seeking for both parents to agree on the counselor or psychiatrist.
Um I currently do not agree with the psychi- uh the psychiatric nurse practitioner that um Joseph has chosen. Um I laid out why in my complaints and I just moving forward would like something stated that both parties need to agree to who he sees.
>> All right, [clears throat] sir. What would you like to say?
>> Um, the only thing I've got to put to it is that we had an hour-long meeting discussing who we were going to have the boys see.
I attached messages agreeing to the person that we had talked about him seeing and that where she where we knew this psychiatrist from and a whole bunch of other things.
And then when it came time and we finally got the meeting set up which took more time than expected but we when we finally got a meeting set up to establish care with him with this provider, we messaged her to let her know which it was short notice. Yes, it was the next day that she was able to squeeze him in just for a consultation to see if her services were proper for him.
Um, we let Stephanie know that he she could be there with him for that meeting the next day.
Um, and instead of that she decided to go in herself immediately to file the complaint at the same time.
Um, and then decided that because we did that through the person she agreed with us with that he she was going to be biased because we chose him. Um, when when she made the complaint, we did stop. We let Miss Miss Alicia know that we could not have Cameron go there because Stephanie decided to not allow it. We backed Cameron out of the meetings and he has not been there at all.
Um, but I just I just want to say that she can made this complaint immediately after telling her about the appointment after we had agreed on it.
>> All right, I'm not going to find uh Mr. Beatty in contempt. I will dismiss the show cause.
>> [snorts] >> Hold on, ma'am.
Hold on, ma'am. I'll dismiss the show cause. Obviously, the parties do share joint legal custody, so you do have to come to decision on those matters together. So, in the future, if you're discussing a counselor or treatment, you know, and you guys come to an agreement, I would suggest that you put that in writing in case there is an issue down the road with somebody else backing out. So, have documentation of that. And then if the two of you can't come to an agreement, then, you know, either one of you is free then to file a motion. So, for example, if you want the child to be in some type of counseling, the other party doesn't agree, you can file a motion and then the court would have to intervene.
But if you guys do have discussions and come to an agreement, um probably best to make sure that you have that in writing and some sort of proof of that agreement moving forward.
All right. So, I will dismiss the show cause Schultz versus Richard Schultz, file number 12-14469 DM. Do you have the parties on that matter present?
>> Yes.
>> All right. So, we got Jessica Schultz present and then this Robin >> Your Honor, Brooke Robinson appearing on behalf of Richard Schultz, who I believe is also in Zoom.
>> Thank you.
All right. And Ms. Schultz, this is your parenting time complaint, is that correct?
>> Yeah, and I really That is correct. Go ahead.
>> All right. And how are you saying the order was violated and what are you looking for?
>> Well, I'm realizing that during your court session this morning, we didn't have everything in writing.
Um so, we went back to where Sabine is now living with her father full-time and there was no contingency.
There was no if this, then that. She was valedictorian when she lived with me.
Um and I just thought her happiness was the most important thing, and now she's living with >> Tell me how you feel the order was violated.
>> Well, that's the thing. I don't think it was violated now that I'm listening to your court session, but beforehand I had felt like it was violated because I thought that there was a certain standard, like you have to make your kid go to school.
Um she went from talking to everybody in her family, and now she's not talking to anybody. She went from being valedictorian to basically dropping out of the 10th grade. She's not dropped out, but she's also not going to graduate on time anymore.
So, these no longer talking to me. She's not talking to her brother. She hasn't talked to her brother since his graduation from college.
Um she's not getting counseling. Before she was in counseling, um and I I got one response from her the other day that I was asking her did she want to drop out? How was counseling going? She's not going to counseling, and she's not going to school, and that was the only answer I was going to get.
All right. So, I realized right now >> So, yeah, it sounds like many of those things might be more subject to potential motions as opposed to parenting time complaints. Um >> I'm ready.
>> Ms. Robinson anything you want to say?
>> Yes, your honor. This was um actually a result of a transitional period. The parties um came to an agreement uh early in April. Um they'd been talking back and forth. The child um wanted to spend more time with her father. She was um unhappy living with her mother um and the parents agreed to the change. Um so, she moved to her father's home in Cadillac. Uh the semester started in January. She moved there at the beginning of February. She had a transition problem where her computer wasn't working for a while.
Mr. Schultz has been in contact with the principal of the school. They have a plan for uh getting her back up um to full completion of school. The The The idea that she's not going to graduate on time right now is a little bit premature, I think, but she has a plan. They have a plan for getting her back on track with schooling, um and they have the support of the school to do so. I believe they are also looking at other options for 11th and 12th grade now that she is living in Cadillac.
So, she is going to school. She continues going to school. It was a transitional problem.
>> All right. I just >> What appears the issues are not violations of order, but maybe potential subject to potential uh motions or changes.
Um so, as far as the show cause is concerned, I will dismiss that. Um it doesn't take away anyone's rights to file any future motions if there are things that need to be addressed, but the uh what's placed before me doesn't show any violations of the order, so I will dismiss the show cause.
And for the next call of matter of Shelby Peel versus Matthew Watts, file number 20-18190 DC. Do we have the parties on that matter present?
>> Uh good morning, Your Honor. Jennifer Dutzman-McCoy, I am present. We are Zooming with Matthew Watts in my office, and I do see Mr. Turner present in the Zoom courtroom as well.
>> Yes, I am present this morning as well.
>> All right. And Ms. Dutzman-McCoy, is your client's spring time complaint, is that correct?
>> That is correct, Your Honor. Um this year was my client's turn to have Easter spring break this year. Um the end of spring break coincided with Easter. My client went to the exchange point at 6:00 on Friday before Easter as is um uh his right for the order and Miss Peel did not I'm sorry Miss Turner did not come to that exchange point. She admitted that in her response to the parenting time complaint and so my client is looking for makeup parenting time for Easter.
>> Thank you Miss Turner. Anything that you would like to say?
>> Yes, your honor. Um it was my ordered spring break. There's a couple conflicts in our order that we have and I would like to request that we modify the existing order so that these can be sorted out before these other >> [clears throat] >> um concerns are going to play out as well.
>> All right, what do you think are the issues? I'm looking at an order that indicates you guys follow the standard holiday schedule. Is that correct?
>> Yes. So currently um spring break and Easter obviously collide. Um I had spring break this year um and he has Easter. There's also um transportation.
There's issues with the order it states that we meet halfway in Elmira and it also states that during the summer when I have my scheduled 2 hours that I meet him at his house because it um is under 3 hours which would take up the entire 2 hours because we live 40 minutes apart.
Um which completely denies me of time aside from drive time with our daughter. Um and there's also um [clears throat] I don't know what to say here.
Um yeah, those two.
>> So, Ms. Dutes McCoy, is it that spring break was Ms. Turner's, but Easter was dad's?
>> Yes, Your Honor. And in the actual uh, the the parenting time schedule, it specifically gives an example under holiday parenting time, where it says, "Example, it is parent A's scheduled parenting time weekend, but it is parent B's Easter holiday. The allotted Easter holiday time for parent B would take place rather than the the parent A's full scheduled time weekend." So, my client should have had Easter.
And I In response to some of what Ms. uh, Turner has just said, we're not here on a motion to modify parenting time, and she didn't include any of those modifications in her response to the parenting time complaint. So, I don't think that that could be addressed today.
>> All right.
So, Ms. Turner, did you read the holiday schedule that indicated those things? So, sometimes Easter and spring break collide a little bit, sometimes they don't, uh, but the schedule indicates specifically this situation. Did you review that?
>> Yes, I did. I apologize. Um, I did read that, but it did not list spring break in there. Um, it just has su- things such as birthdays and regular scheduled time.
Um, but the spring break and the Easter together were not specifically in there.
Th- those are both listed as holiday.
Well, I'm looking specifically, I read that from the 46th Circuit Court Default Holiday School Break and Summer Parenting Time Schedule that was updated most recently under the holiday parenting time section. So, I don't know why there would be any confusion on that.
>> I'm reading the exact order I was given from the court.
>> All right. Well, you certainly indicated that mom would have spring break and indicates what spring break should be but then dad would have the Easter weekend.
Um So, I think he missed it, correct?
>> Yes, he did.
>> Okay.
All right, so I'm going to recommend that dad would have So, that next year Easter would be mom's but I will indicate that for 2027 dad would have the Easter weekend.
And then the parties will be back on schedule where dad would have 28 and mom would have 29. So, in order to make up the missed Easter weekend for dad, he'll have Easter in 27.
He'll have mom's Easter weekend in 27 and then the parties will get back on the standard schedule.
Any questions, Ms. Stutzman-Court?
>> No, thank you, your honor.
>> Any questions, Ms. Turner?
>> I do have one. So, for the summer summer time, do I just schedule another motion to have that one resolved?
>> If you have Yes, if you have some type of issue you need resolved, you'd have to file a motion.
>> Okay, thank you.
>> All right, thanks to both for appearing.
You are all set.
>> Thank you, your honor.
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