STATE OF NORTH CAROLINA 

                IN THE GENERAL COURT OF JUSTICE

DISTRICT COURT DIVISION     
COUNTY OF GASTON 18 CVD XXXX
                          
JOHN LONG, )                                                                         
   )
Plaintiff,                       )         
v. ) MOTION FOR JUDICIAL
) ASSISTANCE, MOTION FOR
) CONTEMPT, ENTRY OF SHOW
JANE SMITH, )         CAUSE ORDER AND ATTORNEY’S
) FEES
Defendant.                 )
____________________________________)                                                         

NOW COMES the Defendant, named above, Jane Smith, and seeks judicial assistance to
enforce the Permanent Custody Order entered on October 25, 2021 and moves the Court for an
Order finding the Plaintiff to be in willful civil and or criminal contempt of the Order for
Permanent Custody entered October 25, 2021. In support of this Motion, the Defendant shows
unto the Court as follows:

1. Plaintiff is a citizen and resident of Gaston County, North Carolina.

2. Defendant is a citizen and resident of Wake County, North Carolina.

3. The parties’ are the biological parents of one minor child, to wit: Name redacted Long.

4. On October 23, 2018 the Plaintiff filed a Complaint for Child Custody, Child Support &
Attorney’s fees. Defendant filed her Answer and Counterclaim on February 6, 2020.

5. This cause came on to be heard and was heard before the Honorable James A. Jackson,
District Court Judge presiding for Gaston County, North Carolina, Courtroom 2E on
September 2, 2021. The Court’s ruling rendered at hearing on September 2, 2021 was
formalized and entered as Permanent Custody Order on October 25, 2021 (hereafter
referred to as “Permanent Order”). See attached “Defendant’s Exhibit A.”

6. That this Permanent Order is in full force and effect and the purposes of this Permanent
Order may still be served by compliance with the same. The Permanent Order states, in
pertinent part, as follows:

1. (Paragraph 1) “Custody. The parties shall consult with each other in good
faith in an effort to agree on all major decisions involving the minor child,
including but not limited to education, medical treatment, religion,
counseling, extracurricular activities, and other decision-making that has
lasting significance as it relates to the best interest and welfare of the minor
child. In the event the parties are unable to reach a decision, either party may
 submit the issue by motion to a court of competent jurisdiction for guidance in
making the decision.” Defendant seeks this Court’s intervention and guidance
in resolving the issues outlined below. Defendant also respectfully requests
that this Court consider conducting a second interview of the minor child in
order better assist the parties in reaching a consensus:

a. Plaintiff refuses to acknowledge and or cooperate with Defendant’s

efforts to obtain medical care and follow-up treatment for the child’s
previous diagnosis of Encopresis. Encopresis is commonly referred to
as fecal incontinence and results in the repeated involuntary passing of
stool into clothing. Due to Plaintiff’s unreasonable and negligent care
of the child, she continues to suffer from this condition and frequently
defecates upon herself. The untreated medical condition has resulted in
the child being subjected to mockery and bullying by other children.
Plaintiff is aware of the child’s condition and is also aware that the
child cannot be treated without his consent and cooperation. Plaintiff’s
failure to respond to, cooperate and or participate in Defendant’s
efforts to obtain medical treatment for the child’s disorder is creating
an extreme impediment to the health and emotional well-being of the
child.

b. Plaintiff consistently fails to provide the child with clothing that is in

good repair and weather appropriate. Plaintiff refuses to either
acknowledge or cooperate with Defendant’s efforts to ensure that the
child is properly clothed. Defendant is forced to make frequent
purchases of clothing and other essentials for the child’s use when she
is in the exclusive custody and control of the Plaintiff.

c. Plaintiff consistently fails to protect the child from harm by children

who occupy his home. The child has complained of both physical and
emotional injuries by other children in Plaintiff’s home. Plaintiff
refuses to acknowledge or respond to Defendant’s inquiries regarding
the child’s injuries, emotional deterioration, and or altered physical
appearance.

2. (Paragraph 10) “Health Care Providers. Both parents are entitled to copies of
all medical and dental records of the minor child as well as access to any
portals that may be established for the minor child to receive communications
from health care providers.”

a. Plaintiff refuses to provide Defendant with medical records related to

Covid-19 vaccination for the child. Defendant’s written requests to
Plaintiff and Plaintiff’s attorney regarding the child’s vaccination
status remain unanswered to the present date. Plaintiff is the only party
with access to information regarding the child’s vaccination status.
Plaintiff’s refusal to cooperate with Defendant’s request for access to
 this information and or documentation places the child’s physical well-
being in jeopardy via exposure to duplicate vaccination.

3. (Paragraph 12) “Special Extracurricular Activities. If either parent wishes to

enroll the child in any special extracurricular activity, that parent shall
consult with the other parent before enrolling or signing the child up for that
activity. Neither parent shall enroll the child in an activity that will infringe
on the custody or visitation time of the other party without the express written
consent of that party. If there is a disagreement as to whether the child should
participate in the activity, the parent can make a motion to the court to have
the court determine whether the child shall participate in the activity.

a. Plaintiff refuses to acknowledge or respond to Defendant’s request for

permission to enroll the child in extracurricular activities the child
previously enjoyed.

b. Plaintiff fails to provide the necessary transportation and funding

required for the child’s participation in extracurricular activities the
parties have previously agreed to jointly facilitate.

4. (Paragraph 14) “Contact information and communication. The non-custodial

parent shall be entitled to call the minor child two times each week. If the
child asks to talk to the non-custodial parent, the custodial parent shall assist
the child in making the call. Each whether initiated by a parent or the child
shall be at a reasonable time and for a reasonable duration.

a. Plaintiff has willfully and deliberately violated this Court’s order by

completely denying Defendant all telephone access to the minor child,
without explanation or justification during the following weekly
periods in 2021 and 2022:
i. November 1st-6th, 8th-12th, 15th-19th, 28th-31st
ii. December 1st-3rd
iii. January 17th-21st
iv. February 1st-4th, 7th-11th
v. March: 1st-4th, 7th-11th

b. Plaintiff made a bad faith offer to facilitate and or allow Defendant

communication with the child and then willfully and maliciously
refused to cooperate and/or respond in any way to Defendant’s efforts
to speak with the minor child despite Defendant’s acquiescence to
Plaintiff’s stipulations during the following periods:

i. January 19, 2022: Defendant notified Plaintiff’s attorney Lloyd

Kelso of Plaintiff’s on-going violations of this Court’s order.
Attorney Kelso failed to respond to Defendant’s email.
Defendant contacted Plaintiff on January 19 to request
 compliance with the order regarding communication with the
child. Plaintiff scoffed and rebuffed Defendant’s efforts stating,
“You ain’t hearing [s***].” Plaintiff stated all communications
from Defendant would be blocked and willfully refused to
respond to Defendant’s telephone communication efforts on
January 19 and January 25.

ii. Plaintiff demonstrated bad faith and malicious intent by placing

an undue and unreasonable burden on Defendant. Plaintiff
subsequently refused to cooperate despite Defendant’s
acquiesce to Plaintiff’s burdensome stipulations:

1. On March 1, 2022, Plaintiff refused to honor his

previous agreement to allow communication at 7pm on
Tuesday evenings and insisted that Defendant contact
the child at 6am in the morning on March 3, 2022
stating “Take it or leave it. If you[‘]re asleep that’s not
my fault.”
2. On March 3, 2022 Defendant attempted to
communicate with the child at 6am, per Plaintiff’s
stipulations. Plaintiff refused to accept Defendant’s call
and has willfully disregarded all efforts by Defendant to
communicate with the child by telephone since that
date.

WHEREFORE, the Defendant prays the Court as follows:

1. That Defendant’s Motion be treated by this Court as a duly verified affidavit;

2. That the Court issue a Show Cause Order directing that a hearing be conducted in
response to this Motion for Contempt and, at such hearing, order Plaintiff to show
cause as to why he should not be held in contempt for his violation of the parties’
Permanent Order entered on October 25, 2021.

3. That the Plaintiff be held in civil and/or criminal contempt of Court and be subjected
to penalties for the same including, but not limited to, incarceration in the Gaston
County Jail for the above-mentioned contempt offenses;

4. That the Court enter such order as necessary to prevent further violations of the
parties’ Permanent Order.

5. That the Plaintiff be ordered to specifically perform the requirements and stipulations
of the Permanent Order.

6. That the Plaintiff shall reimburse the Defendant her reasonable attorney’s fees
associated with Plaintiff’s contempt of the Permanent Order.
7. For such other and further relief as the Court may deem just and proper.

This the 12th day of March, 2022.

________________________________
Defendant
Jane Smith
NORTH CAROLINA
GASTON COUNTY

VERIFICATION

Jane Smith, being first duly sworn, deposes and says she is the defendant in the foregoing

action; that she has read the foregoing MOTION FOR JUDICIAL ASSISTANCE, MOTION

FOR CONTEMPT, ENTRY OF SHOW CAUSE ORDER AND ATTORNEY’S FEES and

knows the contents thereof, and the same is true of her own knowledge, except as to matters

stated on information and belief, and as to those matters she believes the same to be true.

______________________

Sworn to and subscribed to before me,

On March ___, 2022

______________________
Notary Public

My commission expires:

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on March 11, 2022 the foregoing MOTION FOR
JUDICIAL ASSISTANCE, MOTION FOR CONTEMPT, ENTRY OF SHOW CAUSE ORDER
AND ATTORNEY’S FEES was served upon the plaintiff through his attorney of record named
below by email, facsimile and by depositing a copy of the same, with sufficient postage
prepared, into the care of the United States Postal Service, addressed as follows:

Lloyd Kelso
Attorney for Plaintiff
128 East Garrison Blvd., Suite A
P.O. Box 2065
Gastonia, North Carolina 28053
Ph: 704-865-8684
Fax: 704-865-6256

John Long
117 Shady Bluff Drive
Gastonia, NC 28052

___________________
Jane Smith, Defendant