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Author Topic: Telephone call frequencey  (Read 1295 times)

Ref

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Telephone call frequencey
« on: Jul 11, 2005, 10:19:20 AM »
Hey Soc,

DH will be filing for several areas of contempt in the near future. I was curious about what your thoughts are about one specific issue.

BM calls our home, when she starts getting panicy, several times a day. Usually she will call and get the machine and not leave a message and then call back several more times within the same hour. After a while she will give up and leave a message. Obviously, we are not home when she does this and we can see this activity on out caller ID. This is only an issue because we have no way of telling SD to return her mom's calls if we don't check caller id regulary. As a side note, BM often allows SD to screen calls from DH and often doesn't give SD messages that DH calls. We have no proof but it is easy to tell. I beleive this is why she calls multiple time, because she thinks we are screening calls.

Anyway, DH and I bought SD a cellphone for her birthday. Now that Sd is with us, BM calls it several times until SD answers. I have activity recods from her cellphone and can see that it is probably her mother, but can not get proper evidence. This weekend BM called 6 times on SD cellphone and 2 times on our home machine on Saturday. She called SD's cellphone 4 times between 8:00 am and 8:30 am on Sunday called our home and called DH's cellphone before 10:30 that day. We were out of town and check home VM every day. We were sleeping in so we didn't hear her screeming message about what bastards we are until about 10:30am. Ofcourse we had SD call her mom ASAP. BM lives in Florida where Dennis hit and she was freaking out because she might DIE as she said in the voicemail to DH.

Anyway, Dennis aside, she does this all the time. She interupts our weekends and calls to pick the wounds stating how hard it is withour SD. DH just would like to limit the amount that she does this.

The parenting plan says " Each parent shall have the right to contact the child by telephone at the residence, or location of the other parent with reasonable frequency, during easonable hours, and for reasonable duration. Unless an emergency arises, "reasonable frequency" is defined as once per day"

1. Does this apply to SD's cellphone?

2. How can we get more defiative proof that she is calling it multiple times a day?

3. Can we have her phone records supeonaed for a contempt case?

4. Is the fact that Dennis came to her town enough of an emergency for her to contact her cell 10 times in less than 24 hours and our home/ cell 4 additional times?

Thanks Soc


socrateaser

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RE: Telephone call frequencey
« Reply #1 on: Jul 11, 2005, 11:08:15 AM »
>1. Does this apply to SD's cellphone?

Yes, the child is a minor and you have the authority to control her access to the cell phone while she is within your care.

>
>2. How can we get more defiative proof that she is calling it
>multiple times a day?

SD is a minor, therefore she cannot lawfully have a cell phone account without a parent/guardian's cosignature on the account. If you are the cosigner, then you have the legal right to the records because you must pay the bill. Most cell phone companies provide phone records online, so I'm not sure I understand why you are unable to obtain proof of the other parent's repeated calls.

>3. Can we have her phone records supeonaed for a contempt
>case?

Yes, but I'm not sure why you need to do this. What am I missing?

>
>4. Is the fact that Dennis came to her town enough of an
>emergency for her to contact her cell 10 times in less than 24
>hours and our home/ cell 4 additional times?

It's irrelevant. The court orders merely use the word "reasonable" to determine the scope of the phone calls. In short, it's up to the judge to determine what's reasonable, however, there is no way that you can obtain a contempt order based upon this sort of court order. If you want to move for contempt, you will first need to clarify the order to be completely specific as to how and when telephone contact will occur.

Ref

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RE: Telephone call frequencey
« Reply #2 on: Jul 11, 2005, 11:21:08 AM »
>>
>>2. How can we get more defiative proof that she is calling
>it
>>multiple times a day?
>
>SD is a minor, therefore she cannot lawfully have a cell phone
>account without a parent/guardian's cosignature on the
>account. If you are the cosigner, then you have the legal
>right to the records because you must pay the bill. Most cell
>phone companies provide phone records online, so I'm not sure
>I understand why you are unable to obtain proof of the other
>parent's repeated calls.
>


When I look at the statement it doesn't specify the number that called just the fact that there was an incoming number to the cellphone (or text message) Maybe I just need technical assistance.


>>3. Can we have her phone records supeonaed for a contempt
>>case?
>
>Yes, but I'm not sure why you need to do this. What am I
>missing?

DH needs to have the court order BM to behave herself. She doesn't follow the court orders at all and it is causing some serious problems with SD. Like I said, this is one of many issues but would like the judge to at a least address this as a problem.

>>
>>4. Is the fact that Dennis came to her town enough of an
>>emergency for her to contact her cell 10 times in less than
>24
>>hours and our home/ cell 4 additional times?
>
>It's irrelevant. The court orders merely use the word
>"reasonable" to determine the scope of the phone calls. In
>short, it's up to the judge to determine what's reasonable,
>however, there is no way that you can obtain a contempt order
>based upon this sort of court order. If you want to move for
>contempt, you will first need to clarify the order to be
>completely specific as to how and when telephone contact will
>occur.

I am not sure why it is not contempt. The court order says that unless there is an emergency that reasonable frequency is 1 time per day.  Could you explain?


Thanks Soc. You are my hero

socrateaser

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RE: Telephone call frequencey
« Reply #3 on: Jul 11, 2005, 02:55:29 PM »
>DH needs to have the court order BM to behave herself. She
>doesn't follow the court orders at all and it is causing some
>serious problems with SD. Like I said, this is one of many
>issues but would like the judge to at a least address this as
>a problem.

I was referring to the fact that if you have the phone records then you don't need to subpoena them, not to the underlying reason why you needed the records. ;-)

>
>>>
>>>4. Is the fact that Dennis came to her town enough of an
>>>emergency for her to contact her cell 10 times in less than
>>24
>>>hours and our home/ cell 4 additional times?
>>
>>It's irrelevant. The court orders merely use the word
>>"reasonable" to determine the scope of the phone calls. In
>>short, it's up to the judge to determine what's reasonable,
>>however, there is no way that you can obtain a contempt
>order
>>based upon this sort of court order. If you want to move for
>>contempt, you will first need to clarify the order to be
>>completely specific as to how and when telephone contact
>will
>>occur.
>
>I am not sure why it is not contempt. The court order says
>that unless there is an emergency that reasonable frequency is
>1 time per day.  Could you explain?

Actually, I didn't read the orders carefully enough and failed to notice that reasonable is defined as once per day. However, Dennis was an emergency, and the other parent can probably use her subjective understanding of the word "emergency" to overcome the required specific intent to willfully violate the order. So, under the prevailing hurricane conditions, 10 phone calls, could be reasonable. It's up to the judge.

skye

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RE: Telephone call frequencey
« Reply #4 on: Jul 12, 2005, 03:30:17 AM »
Soc, I hope you don't mind...


Ref. What kind of cell is this is it a prepaid?
I ask this because if that is the case and you need to document consider virgin mobile ( they will let her keep her number ) .. it is the only prepaid that does not say "incoming calls" and will actually display the number.You can even go on line and view her phones activity...I have two teenage girls and bought them cells when they turned 12 and found that most will not display the number of the caller on the statements



Ref

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You have a PM
« Reply #5 on: Jul 12, 2005, 05:50:20 AM »
nm

 

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