Overview
Contempt Of Court Indiana Sample
VERIFIED MOTION FOR CONTEMPT REGARDING PARENTING TIME (VISITATION) General Instructions
PLEASE READ FIRST: It is very important for you to know that when you sign a Court document, you may be helping or hurting your case. Before you sign any Court document or get involved with a Court case, it is important that you see a lawyer to make sure you are doing the right thing. Although there are risks in
Please keep in mind that the term “Parenting Time” has replaced the term “Visitation” in Indiana Child Custody Law. You can find a copy of the new Parenting Time Guidelines at
Step 1: Who should use this packet
You should use these forms if:
1.You have a Court order giving you Parenting Time (Visitation) rights over your child(ren),
2.The custodial parent has violated your Parenting Time (Visitation) rights, and
3.You would like the Court to hold the other party in contempt for violating your Parenting Time (Visitation) rights.
Step 2: What this packet contains
This packet contains forms for you to fill out and take to the Court. There are three forms in this packet. This packet also contains instructions.
Step 3: Which forms to fill out
You must fill out all three forms.
1.Appearance form
2.Verified Motion for Contempt Regarding Parenting Time (Visitation)
3.Order to Appear and Notice of Hearing
Step 4: How to File These Forms
1.Follow the instructions attached to each form to fill it out. You will need to look at a copy of your Court Parenting Time (Visitation) Order to answer questions on these forms. You will need to type or print neatly in black ink. Do not write on the back or sides of the forms, write only in the blanks provided.
2.Before filing these forms, check with your local Clerk to find out the number of copies you must provide and to find out the Clerk procedure for advising the other party of the hearing date.
3.Prepare the required number of copies of the forms that you have filled out.
4.Take the forms and copies to the Clerk in the Court where the action was originally filed. The Clerk will file stamp the forms, keep the originals and necessary copies, and hand back the rest of the copies to you.
5.Leave two stamped envelopes with the Clerk, one with your address and one with the other side’s address, for mailing the Notice of Hearing. This will tell you when your court date is scheduled.
6.Mail one stamped copy of each form that you filed to the opposing attorney, or the opposing party if the opposing party is not represented by an attorney.
7.You must comply with your local court rules with regard to service of process. The Notice of Hearing form found in this packet might not satisfy your local rules. For example, you might have to fill out a summons to serve the other side.
8.Please be aware that any protective orders or restraining orders remain in effect throughout this process.
9.We suggest that you review Indiana Custody and Parenting Time (Visitation) Rights in Family Law, Title 31, Article 17 of the Indiana Code to prepare yourself for court. This can be located at http://www.in.gov/legislative/ic/code/title31/ar17/.
STAD 6/12/02
Instructions for filling out the APPEARANCE (Form #1)
The instructions below correspond to the line numbers on the forms. Check the box in the first column as you complete each line.
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Line # |
Instructions |
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1 – 3 |
Look at the Court papers you have from this case. Copy the title as it |
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appears on those court papers. |
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5 |
If you were married to your child(ren)’s other parent, print “Marriage” in |
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the first blank. If you were not married to your child(ren)’s other parent, |
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print “Paternity” in the first blank and print the names of the child(ren) |
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you and the other parent have together in the second blank. |
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7 |
Print the full name of the Petitioner as it appears on your Court papers. |
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12 |
Print the full name of the Respondent as it appears on your Court papers. |
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18 |
In the first blank, print whether you are the Petitioner or Respondent as it |
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appears on the Court papers you have from this case. In the second blank, |
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print your complete name. |
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22 & 23 |
Print the names and social security numbers of all family members |
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involved in this case. |
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24 |
Print the number of children involved in this case. |
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25 |
Check "Yes" or "No" depending on whether there are other Court cases |
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involving yourself, the other party, and/or your child(ren). |
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26 |
For each case, you should describe what kind of case it is, name the Court |
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that the case is in, and give the case number of the case. |
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27 |
Sign your name. |
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29 |
Print your name. |
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31 |
Print your complete mailing address. |
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33 |
Print your town, state, and zip code. |
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35 |
Print your telephone number, with area code. |
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Instructions for filling out the Verified Motion
for Contempt Regarding Parenting Time (Visitation) (Form #2)
The instructions below correspond to the line numbers on the forms. Check the box in the first column as you complete each line.
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Line # |
Instructions |
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1 – 3 |
Look at the Court papers you have from this case. Copy the title as it |
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appears on those court papers. |
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5 |
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If you were married to your child(ren)’s other parent, print “Marriage” in |
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the first blank. If you were not married to your child(ren)’s other parent, |
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print “Paternity” in the first blank and print the names of the child(ren) |
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you and the other parent have together in the second blank. |
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7 & 8 |
Print the full name of the Petitioner as it appears on your Court papers |
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along with their home address. |
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11 |
& 12 |
Print the full name of the Respondent as it appears on your Court papers |
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along with their home address. |
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17 |
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Print your full name in this blank. |
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19 |
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Print the number of minor children that you and the other party have |
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together. |
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22 |
– 25 |
Print the name and date of birth of each of those children in these blanks. |
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27 |
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Fill in the first blank by printing the date the current Parenting Time |
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(Visitation) order was issued. Make sure to attach a copy of the current |
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Parenting Time (Visitation) order to this Motion. Title it by writing |
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“Exhibit A” at the top center of the first page of the Order. |
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30 |
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Print the name of the custodial parent. |
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32 |
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Print your name since you are the parent who was granted Parenting Time |
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(Visitation) rights. |
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34 |
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Print the name of the custodial parent since they have violated your |
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Parenting Time (Visitation) rights. |
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36 |
& 38 |
On these two lines, state how the other side has violated your Parenting |
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Time (Visitation) rights. Be brief and specific! State dates, times, and |
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locations. |
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42 |
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Print your name in this blank. |
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48 |
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Sign your name. |
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51 |
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Print your name. |
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53 |
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Print your complete mailing address. |
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STAD 6/12/02
55 |
Print your town, state, and zip code. |
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57 |
Print your telephone number, with area code. |
64Print the date that you will send the stamped copy of your forms to the opposing party or their attorney. This should be the same day you filed your documents with the Court.
66Sign your name to acknowledge that you sent the stamped copy of your forms to the opposing party or their attorney.
68Print your full name to acknowledge that you sent the stamped copy of your forms to the opposing party or their attorney.
Instructions for filling out the Order to Appear and Notice of Hearing (Form #3)
The instructions below correspond to the line numbers on the forms. Check the box in the first column as you complete each line.
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Line # |
Instructions |
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1 - 3 |
Look at the court papers you have from this case. Copy the title as it |
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appears on those court papers. |
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5 |
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If you were married to your child(ren)’s other parent, print “Marriage” in |
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the first blank. If you were not married to your child(ren)’s other parent, |
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print “Paternity” in the first blank and print the names of the child(ren) |
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you and the other parent have together in the second blank. |
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7 & 8 |
Print the full name of the Petitioner as it appears on your Court papers |
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along with the Petitioner’s home address. |
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11 |
& 12 |
Print the full name of the Respondent as it appears on your Court papers |
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along with the Respondent’s home address. |
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17 |
- 19 |
Print the name and home address of the other side. |
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26 |
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Print the full name of the other side. Next, circle “lives” if you want the |
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other side given these papers at their house and you will provide this |
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address in line 28, or circle “works” if you want the other side given these |
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papers at their place of employment and you will provide this address in |
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line 28. |
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28 |
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Print the address you are providing for the other side where you want them |
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to be given these papers. |
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30 |
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Print the name of the Court in the first blank. Print the address where the |
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Court is located in the second blank. Print the city or town where the Court |
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is located in the third blank. Call the Court to make sure you have the |
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correct information. |
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32 |
- 105 |
Leave these lines blank. If you are granted a hearing in this matter, the |
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Court will fill in these blanks. |
File Characteristics
| Fact Name | Fact Description |
|---|---|
| Purpose | The form is used to file a motion for contempt regarding parenting time (visitation) rights. |
| Governing Law | This form is governed by Indiana Child Custody Law and relevant Indiana statutes. |
| Required Forms | Three forms must be completed: the Appearance form, the Verified Motion for Contempt, and the Order to Appear and Notice of Hearing. |
| Eligibility | You can use this form if you have a court order for parenting time and the custodial parent has violated it. |
| Filing Process | After completing the forms, they must be filed with the Clerk of the Court where the original case was filed. |
| Copies Needed | It is necessary to prepare multiple copies of the completed forms for filing and service to the other party. |
| Service of Process | Local court rules must be followed for serving the other party, which may include additional steps beyond what is outlined in the form. |
| Legal Advice | It is recommended to consult a lawyer before signing or submitting any court documents to ensure proper representation. |
Essential Points on This Form
What is the purpose of the Verified Motion for Contempt Regarding Parenting Time (Visitation) form?
The Verified Motion for Contempt Regarding Parenting Time (Visitation) form is used by a parent who believes that the other parent has violated a court order related to parenting time. This form allows the parent to formally request that the court hold the other parent in contempt for not adhering to the established parenting time schedule. By filing this motion, the parent seeks to enforce their rights as outlined in the court order.
Who should fill out this form?
This form should be completed by individuals who have a court order granting them parenting time rights. If the custodial parent has violated those rights, the affected parent may file this motion. It is essential that the parent filling out the form is prepared to provide specific details about the violations, including dates, times, and locations, to support their claim.
What forms are included in the packet, and how should I fill them out?
The packet contains three forms that must be filled out:
- Appearance form
- Verified Motion for Contempt Regarding Parenting Time (Visitation)
- Order to Appear and Notice of Hearing
Each form has specific instructions that correspond to numbered lines. It is crucial to follow these instructions carefully, ensuring that all required information is provided accurately. Use black ink and avoid writing on the back or sides of the forms. After completing the forms, check with your local Clerk regarding the number of copies needed and the filing process.
How do I file the forms, and what steps should I take afterward?
To file the forms, take the completed originals and the required copies to the Clerk of the court where your case was originally filed. The Clerk will file stamp your forms and return the necessary copies to you. Additionally, you must provide two stamped envelopes—one with your address and one with the other party’s address—for mailing the Notice of Hearing. After filing, send a stamped copy of each form to the opposing party or their attorney. It is essential to comply with local court rules regarding service of process, as requirements may vary.
What should I do if I have protective orders or restraining orders in place?
If there are any protective orders or restraining orders in effect, it is important to note that these remain in place throughout the contempt process. Ensure that you are aware of these orders and how they may affect your case. It may also be beneficial to consult with a lawyer to understand how these orders interact with your motion for contempt and to ensure your rights are protected during this process.
Misconceptions
Understanding the Contempt of Court Indiana form can be challenging, especially with the various misconceptions that exist. Here are four common misunderstandings that people often have:
- Self-representation means you don't need to follow any rules. Many believe that if they choose to represent themselves, they can do so without adhering to court procedures. In reality, self-represented individuals must still comply with court rules and local regulations. Ignoring these can lead to complications in your case.
- All courts accept the same forms. There's a misconception that a form created for one court will be accepted by all courts. However, each court may have its own specific requirements and procedures. It's essential to check with your local court to ensure that the forms you are using are appropriate for your situation.
- Filing the forms is the end of the process. Some individuals think that simply filling out and submitting the forms is all that is required. In fact, after filing, you must also serve the opposing party with copies of the documents and ensure that you follow through with any required hearings.
- Legal advice is unnecessary if you have the forms. Many people believe that having the right forms is sufficient for navigating the legal process. However, seeking legal advice can provide invaluable insights and help you understand the nuances of your case, which forms alone cannot offer.
Being aware of these misconceptions can significantly impact how you approach your case. Taking the time to understand the process, seek guidance, and ensure compliance with all necessary rules can lead to a more favorable outcome.
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