Recommendation for phone problems

[Ref]

Soc,

DH's mediation agreement states that he should be able to contact SD between the hours of 8:30am and 8:30 pm. His ex has shut off the phone and answering machine. The agreement also states that BM is to have SD call back immediately if a message is left. DH has left several messages with no return call.

Prior to her beng served, SD called here everyother day as noted on our 800# phone bill. Since it had reduced to once the following month and now up again to once every other week.

1. Do you have any recommendations on obtaining proof that this is going on?

2. BM has been hostile in the past in letters and voicemails. Will that help DH's case if he tried to file for contempt on this matter?

3. How convincing would our phone records be?

I appreciate your help

[socrateaser]

>>1. Do you have any recommendations on obtaining proof that
>this is going on?

Send certified letter to other parent expressing dismay about not being able to contact your child per the court order. State that you have regularly attempted to call at such and such time(s) every day using the contact phone number currently filed with the court, but without success. State that if you do not receive a new contact number within 48 hours that you will file a motion for contempt and for sanctions.

Obtain a phone recording device (available at Radio Shack among other places), call the old phone number, stating in the recording, each number as you dial it, and the time and date that you are calling, then record the recorded response, i.e., "The phone number you have dialed is no longer in use or not in service at this time...", etc.

Now you have credible proof that the number is disconnected. If the other parent fails to respond to the letter, this can be used as a "tacit admission" in court demonstrating that she agrees with the allegations set forth in your letter. More proof for you.

>
>2. BM has been hostile in the past in letters and voicemails.
>Will that help DH's case if he tried to file for contempt on
>this matter?

It could be used to show a pattern of hostility, from which the court could infer that this latest activity is a willful violation of the court order (i.e., contempt).

>
>3. How convincing would our phone records be?

The more evidence you have the better -- as long as it's relevant to proving what you allege to be true. This is where most laypeople get messed up. They have evidence that doesn't prove what they think it will prove, or the evidence is not competent, i.e., there's no means of authenticating that the offered evidence is actually what it is purported to be.