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Husband Still Faces Being Held in Contempt Even Though Court Subsequently Modified the Court Order in Such a Way That Husband?s Alleged Violation Would No Longer Violate the Order

By Janet Langjahr

I previously posted in Can Family Court Preclude Either Parent From Merely Exposing Their Child to that Parent?s Religion, Even if the Other Parent Has Ultimate Decisionmaking Authority Over the Child?s Religion? about an Illinois Husband facing contempt for reportedly baptizing his Daughter and taking her to Catholic church services, despite the couple’s prior agreement and a court order requiring that the Daughter be raised in the Jewish faith and prohibiting the parents from exposing her to other religions.

Husband’s attorney filed a motion to dismiss the contempt allegation on constitutional grounds, but the Court denied that motion.

The couple’s divorce has since been finalized, with the Court ultimately ruling that Husband can take Daughter to church during his timesharing.

So is Husband off the hook for contempt?

No, Husband still faces being held in contempt for openly violating the Court’s prior order, even though that order has since been modified.

If that seems puzzling, the essence of contempt is willful disobedience of a court order.

Read more in this Chicago Breaking News Center article: Judge won’t toss contempt charge against dad who took daughter to Mass.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on May 23, 2010 (boomark / email).