malicious and intentional interference with the parent/child relationship

[Trina_TX]

I've been told I should take my ex and his new wife to court for malicious and intentional interference with the parent/child relationship. How would this be done and what would I need as proof for this?

Would it even fly in a south Texas small town court?

what would appropriate damages be?

Little insight ex has kept my daughter from me for the past 6 months even though we had a week to week court order custody agreement

currently going through court for modification of child custody with no end in sight (2 years almost).
Ex's new wife representing herself as the mother and signing all papers as mother,

For 6 months I tried calling and communicating with my daughter but it was denied by ex I had also sent him letters requesting answers why he was keeping her but returning our 11 year old son as ordered but he would never communicate with me.  

he refuses to give me any doctors or counselors information so I might obtain records from them. His wife is active duty military and everything goes onto her SS# so ex refuses to give me information against our court orders. The list goes on and on

I would greatly appreciate any and all advice

[socrateaser]

You have a court order and apparently the other parent has violated it with impunity. You should file for contempt and for sanctions. This is not easy to do without an attorney.

Also, just because you SAY that the other person has done something, doesn't mean that you can PROVE it. What evidence, other than your own words, do you have to show each time that the other parent has deprived you of custody, or otherwise prevented you from contacting your daughter?

[Trina_TX]

Thank you for your reply Socrateaser,

What I have is several audio tapes with my ex telling me not to call his home.

I have several police reports when he didn't bring her as per our order.

I have letters from SPARC that I CRRR'd to him, his attorney and the court coordinator (To put in my file) Letters had all dates he was in violation, also requesting my daughter per our agreement. He never responded to any of the letters but did sign for them.

I also have my parent time tracker which I have kept up for the past year with all journal entries.

That's it other than family members who witnessed each violation, I know that they aren't the best witnesses.

Would that even be close enough?

Thanks for your input and time, it is greatly appreciated.

[socrateaser]

>Thank you for your reply Socrateaser,
>
>What I have is several audio tapes with my ex telling me not
>to call his home.

Even though TX is a one-party state for the purposes of making a recording of a phone conversation, such a conversation when a party has a reasonable expectation of privacy will not be admissible as evidence in court. Did you inform the other person that they were being recorded? If not, your offer of proof may be denied, if objected to timely.

>
>I have several police reports when he didn't bring her as per
>our order.

These could be good but you may need the reporting officer to testify as to the authenticity of the reports.

>
>I have letters from SPARC that I CRRR'd to him, his attorney
>and the court coordinator (To put in my file) Letters had all
>dates he was in violation, also requesting my daughter per our
>agreement. He never responded to any of the letters but did
>sign for them.

>I also have my parent time tracker which I have kept up for
>the past year with all journal entries.

This may or may not be useful, depending on whether there is other cohoberating evidence to prove that what you have logged actually occured.
>
>That's it other than family members who witnessed each
>violation, I know that they aren't the best witnesses.
>

Family witnesses who support your position are generally worthless.

>Would that even be close enough?

So far, the only credible evidence is the police reports. If by "several" reports, you mean that you have more than two, then I think that this would be enough, by itself, to get a contempt sanction. What you would receive, might be nothing more than a warning to the other parent, that if he continues the behavior, that the court will consider a custody change. But, if you don't get it on the record, then you're basically conceding that you don't care if your rights are stepped on.