Being denied communication

[NYParent]

I wanted to get everyone's advise on this issue.  BM is not allowing me to talk to my child (I guess that's punishment for not giving into her demands to do the modification in TX).  I haven't hear from my child in three weeks.  I have sent numerous text messages, I have called, and my attorney wrote a letter asking for access. 

I have decided that I will be sending some sort of communication every other day and asking for a date and time to speak to my child.  Then at the end of the week I will send a letter stating that she did not allow me access to the child and list out all my attempts there.

Do you think this can be construed as harassment?  Her and her attorney like to throw that word around.  Do you think every other day is excessive?

[MixedBag]

in another thread, you said you have court in early December.

right?

And that's in NY, right?

was trying to find the other thread -- where I think you said TX would not take jurisdiction.

Every other day -- harassment -- yea makes you scratch your head.

"MY" attorney wrote letter -- your TX attorney?  Or a NY attorney?

Keep on trying and be ready to show how often you tried in court in NY in early December.

[MomofTwo]

If your orders do not give you telephonic communication at specified times, then file a motion to have it - you want specific days/times which your child is available to talk to you on the phone and if the child isn't home, then the call has to be returned within so many hours.  If that is not in your orders, then your attempts mean nothing and neither would your notice.  She can't be held in contempt or viewed as denying your rights per the orders, if it's not in the orders.

[NYParent]

MB- The jurisdiction part has not been finalize.  It's still up in the air.  I have court in early Dec. in NY.  Mom has not shown up the last two court dates here  in NY.  My Texas attorney sent her Texas attorney a letter about setting up a more consistent schedule for communication with my child until we get a Court ordered one (he did this without my authorization which is another issue).  Of course my biggest issue is I want to speak to my child, so I am constantly trying. I get the feeling BM will not comply until we go to court again (if she even shows up, she hasn't the last two times).  In the mean time I am documenting and saving everything (I always do, even when there's no problem).

MomofTwo- My order does not have specific days.  It simply said that BM agrees to maintain and open and flexible schedule to allow frequent communication.  I am not trying to get her in contempt, I am going back to court for modification in order to avoid problems like this and get specific date and times.  I just simply want to talk to my child.

[MixedBag]

was there a hearing in TX?  I thought I remembered reading about one.....and that jurisdiction was denied for TX.

So is defined times for phone calls part of your motion to the NY court?

[NYParent]

MB- yeah it's complicated.  I had one hearing in TX.  The judge in TX said that NY had continual jurisdiction.  Since a petition was filed in TX, the judge from TX and NY have to speak and decide which state would be a better forum for trial.  NY judge said he was not ready to make a decision as he needed to talk to both parties. 

BM's attorney in TX showed up for the hearing in TX.  BM did NOT come to NY for the two hearings.  The next hearing is in Dec. (the judge here in NY was pissed and said he was ordering for BM to show up to the next one). 

Yes, that is part of my petition here in NY to get specific times for phone calls.  The entire CO needs to be more specific.  Not only will it allow for contempt if not followed, but it will allow for less communication between BM and I so that I can do some low-contact with her.

[snowrose]

Sounds like you're moving in the right direction with what you want the courts to make changes on.  Not much else you can do there, except maybe travel down to TX to see the child. 

Other than that, you could always call the child's local police and ask them to do a wellness check.  That would at least give you a small amount of peace of mind.

[Davy]

 
"travel down to TX to see the child" 

... and doing so may cause or give credibility to justify TX jurisdiction especially if the father is served with some BS motion or falsely accused / arrested.

Moreover and most importantly, the mother has kidnapped and is exploiting the child first by abscounding with the child to another state and secondly by not complying with any civil proceedure or court order.

Substantially withholding a child's access to their proper parent is moving from a civil arena to a criminal arena.

[snowrose]

"travel down to TX to see the child" 

... and doing so may cause or give credibility to justify TX jurisdiction especially if the father is served with some BS motion or falsely accused / arrested.

[/B]

*sigh* Of course he should consult with his TX lawyer before doing anything in TX - but the courts can't go around selecting a venue for a custody case based on someone visiting a state for a day or two, especially when they may need to do that to see their TX lawyer. 

Visiting a state for a few days is NOT establishing residence in that state.

[MixedBag]

no it doesn't -- BUT this dad is not dealing with a parent who has their head screwed on the right way.

You never know what's gonna happen....and I happen to agree with Davy since there's a hearing already scheduled for December.