Contempt--worth it?

[oneandonly]

Phone visitation-
My husband has set phone visitation on Sunday's at 7:30. This has always been a challenge from the minute the court order was signed.  Admittedly, there has been times he could not make that set time due to work.
Documented events during phone visitation:
 1) PBFH gets on phone (she is NOT to communicate with dh cept through email, US mail and only phone for emergencies--NOT during his phone visitation time)
2) PBFH listens in on calls--interrupted in the middle of conversations from another phone in home
3) PBFH posts private phone conversations on the internet
4) PBFH has called immediatly after phone visitation to "discuss" what was said
5) PBFH admitted to taping conversations in an email
6) PBFH has emailed about phone conversations
7) PBFH has left nasty messages on machine regarding phone conversations

Now, the court order and the mediators report filed as the court order both state that PBFH is NOT to interfere with phone visitation times--this is to be unmonitored and private.

It's to the point now that dh has limited his phone calls due to all this...

worth filing?

[Peanutsdad]

Yes it is, and depending on the state, may even constitute criminal offenses.

A one party state is a state where only one party to communication needs to know it is being recorded.

She is recording conversations of him and his children,, shes not supposed to be a party, therefor, cannot record the phone call.

If the order clearly states it is to be private, and unmonitored, shes ina heap of trouble,, personally, I'd file.

[TLWE]

I would have to vote "YES", it is worth it.  Your DH's phone visits is ALL he has!  The ex admitting to taping the phone convos.....OHHHHHHH, big no no.  I don't believe it matters if whether it is a one party state...the kid is a minor and can't give consent to the calls being taped.

Obviously the ex's way to continue to push PAS!:(

[nosonew]

I agree that minors can't give consent, but we went thru this, and since Kansas is a one party state, the other parent can tape the calls, even tho child is a minor since the parent is their guardian.  

However, since it is stated that she is not allowed to do this, I would do anything and everything to show all documentation, emails, your own phone recordings of HER calls stating things (if a one person state), etc., to the courts to show contempt.  

If you live in a one party state, I would suggest this: (we did this), have it put in the court order that when the adults speak on the phone, it can only be recorded if 1. The party or parties recording the call announce to the other party it is being recorded at the start of the conversation and again at the end.  If this is not done, any information recorded cannot be used in mediation or court.

But I FIRMLY believe NO one should be recording or listening in to phone conversations with the child and other parent, unless there are severe circumstances warranting that (ie; threats on phone, etc.)  You have a great case if you have the documentation!