I filed for change of custody and contempt in March. BM erroneously filed for TRO against me 4/5. Went to court on 4/13 and TRO was dropped.
In addition, judge ordered BM to allow son to call me anytime he wants to, and for her to have son at home every Tuesday at 7pm to receive my phone call "no matter what"...
1st Tuesday: got answering machine, son called me back at 7:45
2nd Tuesday: no problems
3rd Tuesday: had breif conversation then son said he had to get off phone because him & sister got into a fight earlier & his punishment is that he only gets to talk to me for a few minutes.
Son previously told me that he has asked BM numerous times (since the court order) if he could call me and her response is always "after you finish your chores", then it's "after we eat supper", then it's "time to go to bed", etc.
Now she has told him that he can call me as long as it doesn't interfere with thier schedule, and only between 6:30pm and 7:00 pm. Needless to say, I have yet to get a call.
1) Is this worth persuing in court or will I likely be perceived as being a nuisance to the judge?
Thank You,
LittleBit's Dad
How young is the child?
Is the call long distance?
>>How young is the child?
10
>>Is the call long distance?
yes to my home
no to my cell phone
>1) Is this worth persuing in court or will I likely be
>perceived as being a nuisance to the judge?
Send certified letter to other parent:
By certified mail, TRACKING #??????
Dear X,
Our child, CHILDSNAME, tells me that you are routinely preventing him from telephoning me. I'm sure that you remember that judge JUDGENAME expressly ordered you to allow the child to contact me via phone whenever he wants, so I don't understand why you continue to persist in denying CHILDSNAME access to me. CHILDSNAME said that you have prevented him from calling on the following dates and times:
1.
2.
3. etc.
I do not want to unreasonably interfere in your daily activities or schedule, however, I will also not permit you to defy a direct court order to our child's detriment.
Therefore, on the next occasion that I am informed that CHILDSNAME is prevented from phoning me, I will be forced to file a motion for contempt and for sanctions in order to protect my rights and the rights of our child.
Very truly yours,
As always, great advice!
>>...I will be forced to file a motion for contempt and for sanctions in order to protect my rights and the rights of our child.
1) What are sanctions?
>>>...I will be forced to file a motion for contempt and for
>sanctions in order to protect my rights and the rights of our
>child.
>
>1) What are sanctions?
Sanctions is either (1) an order for money, made payable to you, or (2) incarceration until the contemnor does what he/she's told to do.