What happens when a mother denies a father of parental visitation?
My brother and his ex share 2 sons, 5 and 4 years old. 3 days after Christmas of 2011, my brother's ex left suddenly with the boys while he was at work. She called me the next day and told me that she left because she and my brother didn't get along, but that she still wanted the boys to be able to see their father and his side of the family and that she was going to stay in the area. The next day, my brother was served a restraining order for supposedly being a danger to his ex. (I'd also like to note that this is the third, I think, restraining order that she's filed against him after suddenly leaving, only to come back a few months later apologizing for lying about being abused, and saying that she's ashamed as she sits there with a smug smile on her face.) So since then, they've been having a custody battle in which she's accused my brother of anally raping her once a month, abusing her and the children, and threatening her and the kids with a gun. Each time they go back to court, she tells another story of abuse that she "forgot" to tell the other times, and they're always so bizarre...things like, "He duct taped the boys to the kitchen floor and poured water over their faces." and "One time when I was making dinner he pointed to the raw hamburger I was cooking and said "That's what your brain is going to look like when I kill you." Yet when she's telling these stories, she's stone-faced and reads them off of a piece of paper.
She has requested during each trial that my brother be given only 1 hour of supervised visitation a month. Her requests have been denied every time and he was given parenting time every other weekend. At first he was getting them as scheduled, every other weekend. Then she moved 7 hours away to her parents' house, and things changed. Before she moved, the judge told her that if she was going to leave the county she had to be sure she'd still be able to bring them every other weekend, as court ordered. She said she would. (I should also add that she's been unemployed all except for two weeks when she supposedly injured her neck while she worked as a house cleaner. She'd also been living in shelters for abused women, one of which she was kicked out of for reasons we're unaware of, and with any random people who would take her in. Also, something that's interesting...My brother's landlord was her boyfriend for a while after she left, and then out of nowhere my brother was evicted from his house and given no reason, even though he had been renting through him for years. She moved to her parents' house shortly afterward and left her "boyfriend" behind. My brother's sons also said they saw their mother and this man having sex. "Putting his wiener on mommy" was how they put it.)
After she moved, he started seeing them less and less frequently. After a few visits, he received a call from her lawyer stating that she would not bring them anymore unless he agreed to pay her $70 for gas. He agreed. At their last hearing, he had already missed a significant amount of his parenting time, so the judge told her she needed to make that time up. Soon after, he was also supposed to have them for 5 days, including Christmas, but she didn't bring them (another note: they exchange the kids through a business called Mary's Place, so I'm assuming each exchange is documented, and my brother and his ex don't see each other during the exchanges.) She hasn't brought them since. It's been about 4 months since my brother has seen his children. He filed for contempt of court and his hearing is tomorrow. The day after she was served, she scheduled a 1 hour supervised visitation for him in the city she lives in, even though she has been told more than once by 2 different judges that that wasn't what the parenting plan says. My brother received a phone call yesterday saying that she will be appearing in court by phone because she's unemployed and doesn't have the money to drive here, even though she's living with her parents and getting $800 a month child support from my brother.
So far it seems like she's been allowed to do whatever she wants. It truly seems like she is above the law. Given the situation at hand, do you think she'll receive a slap on the wrist and simply be told to make up the time? Or has she done enough at this point to actually suffer some consequences? There's so much more I can say about this, but I'd literally have to write a novel to tell you everything. Basically, she enjoys seeing my brother suffer and it is only at the expense of my poor nephews. Any advice and info will be much appreciated. :)