Is this refusal of visitation?

[crayiii]

My temp parenting plan originally said that I was allowed phone contact with my son while he was with hi s mother.  After months of her not answering the phone I went to court for clarification.

The judge acted miffed that I wasn't being allowed phone access and modified the parenting plan to state that I was allowed phone calls on Mon, Wed, and Sat. at 7:30 pm.

Since the clarification, the mother has not answered the phone 15 of the 29 times.  On one of the occastions she took the phone away from my son while he was talking to my girlfriend and told her she couldn't talk to him and hung up.

I called her attorney last week and he assured me that he would talk to her that day to tell her to answer the phone.  Since then, she still hasn't answered the phone.

Is this denial of visitation?  Is this something worth pursueing as contempt?

[socrateaser]

>Is this denial of visitation?  Is this something worth
>pursueing as contempt?

It's contempt, assuming that you can prove it. Hopefully, you've been recording the phone calls.

[crayiii]

I have my cell phone bills that show 1 min. calls on the days at the exact time.  I also make every call on speakerphone in front of my gf.

[socrateaser]

>I have my cell phone bills that show 1 min. calls on the days
>at the exact time.  I also make every call on speakerphone in
>front of my gf.

Well, the cell phone will help, but it's not proof beyond reasonable doubt that your spouse is willfully and with conscious disregard, violating the court's orders.

Your gf is a witness, but not a very credible one, because she has a substantial interest in favoring you.

 You should have notified your ex and her attorney of your intent to record every phone call and you should be doing so. Recordings of your spouse's voicemail picking up at the time of the interference would be beyond reasonable doubt, if it were to occur routinely over a period of several weeks.

At the moment, however, I don't think you can make your case with the evidence you are proposing.

[crayiii]

I have a letter from my wife saying that she wasn't home on those days at those time and that she can't  be held hostage by my phone calls.

[socrateaser]

>I have a letter from my wife saying that she wasn't home on
>those days at those time and that she can't  be held hostage
>by my phone calls.

Well, compare that with your orders. I don't think it matters whether she's home or not. All that matters is that she makes your son available for the call at the correct time. So, if she has admitted that she didn't do this, because she can't be held hostage, then that's proof beyond reasonable doubt of contempt, and I'd write the attorney and ask if he has any suggestions as to how to remedy this issue.

He will probably tell your spouse that you have her "cold" and if she doesn't straighten up immediately, that she could find herself sitting in jail for a few of the coming weekends.

[crayiii]

I faxed a letter to him tonight that asks for his assistance in the matter and listed to dates that she has not allowed me my time.

I polited stated that I was sure that we could work together to ensure the order is being followed without involving the court.

[socrateaser]

You should enroll in law school.

[crayiii]

After my BS engineering I planned on law school (Lewis and Clark) but career and family took priority.  I could sure use the knowledge now...