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Mother is still interfering

Started by crayiii, Jun 12, 2005, 12:41:11 PM

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crayiii

I have been trying to call my son since Wednessday.  I have called once each day and left a message asking my wife to please have our son call me back.  I have also sent a letter requesting the name of our son's school so I can call and find out when his "graduation" is so I can attend and I have asked for their mailing address so I can send our son letters.

Yesterday I called and left a message letter her know that I would be forced to file contept charges if she continued to keep me from speaking to our son.  When I had him she called 3 times a day and when we couldn't get to the phone, I always had our son call her back.

She called last night at 10:30 to tell me that she worked until 10:00 at night and her boyfriend had our son during the day so she isn't able to have him call me.  She than forbid me from leaving anymore messages telling her I would file contempt charges.

Any suggestions on how I should handle this?

socrateaser

What is the exact text of your orders regarding telephone contact with the child?

crayiii

Each parent shall have the right to have telephonic contact with the child while they are residing with the other parent.  Telephonic contact shall occur at reasonable times and for reasonable durations.

The boyfriend just let my son call me but he said I was limited to 18-seconds because that's all that was on his calling card.

The records provision reads:

Each parent shall have equal access to any records concerning the child, and shall have equal opportunity to participate in manners concerning the child.



socrateaser

>Each parent shall have the right to have telephonic contact
>with the child while they are residing with the other parent.
>Telephonic contact shall occur at reasonable times and for
>reasonable durations.

This is generally too vague an order to be able to obtain a contempt, because of the beyond all reasonable doubt burden of proof required to win. So, unless you have specific contact times and durations ordered, you're wasting your time, although you can ask the court to clarify the order so that no more ambiguity exists.

>The boyfriend just let my son call me but he said I was
>limited to 18-seconds because that's all that was on his
>calling card.

This guy can afford to fly the kid between WA and Oregon, and he doesn't have a cell phone with unlimited weekend minutes? I don't think so.

>
>The records provision reads:
>
>Each parent shall have equal access to any records concerning
>the child, and shall have equal opportunity to participate in
>manners concerning the child.

Refusing to notify you as to the child's school is probably not contempt until you have this order clarified, as well. You have the right for access to records, but the other parent is not ordered to tell you where the child attends school. Get it clarified if the situation continues.

On balance, if you're calling over and over and threatening contempt motions, then you're in as much a battle mentality as she is. I suggest that you write to her and tone it down. And, then suggest that you set a time every other day, when you can call and be assured of a few minutes to talk. Your ex is simply telling you to give her some space, and you're pushing her buttons. So, back off and try a different tack.

Or, file a motion to clarify, but I wouldn't do this until I had some really good evidence that the current orders aren't working -- like you've called every day for a month, and only talked to the child once or twice. You need to record yourself leaving the messages so that their can be no doubt that it occurred, and you need a log of the calls from your long distance provider.

crayiii

Thank you, I will take your advice.

Just in case you would like to see my son's and my reunion at the airport...


http://video.freevideoblog.com/Player.aspx?fileid=B30C2C3B-D9A7-491C-8A91-89CB3513EFE6

socrateaser


Ref

That was so touching. I have seen that same scene so many times with my own DH and SD, but it still breaks my heart. The happiness that he feels when she finally walks out of the airplane seems only to be exceeded by the pain he feels putting her back on.