Communication re: child/Child's right to privacy

[ArkStepMom]

As to your advise, Soc, re: BM denying visitation (her Spring Break vs our 3rd weekend)
Summary: NCP sent letter stateing our intentions for visitation for the 3rd weekend(sent Cert,RR).  CP responded by telephone message, her denial. NCP attempted to resolve same by telephone, to which CP refused and her now husband was "fielding his questions today" (NCP refuses to discuss matters with CP's husbands). NCP drafted another letter restating our position and our intention to be at the court ordered time and place. (sent Cert, RR, (UPS online updated as not delivered) & same time-a copy to Circuit Clerk-delivered). NCP drove the two hours, attained a gas station reciept on arrival and departure.
Contempt here is a slam dunk (to add to the dozens of others of the like), I think.
My questions are these:

1) What is CP's obligation to discuss matters of the child with NCP personally? Does CP have the legal entitlement to set an agent in lieu?

Off Topic: Child is made to take NCP's calls over speaker phone while CP supervises (along with everyone else in household to include 2 other children). Child has stated she doesn't like it and it's difficult for us to hear her tiny little 6 y/o voice.

1) Does NCP have the right to demand child be given appropriate privacy during his calls?
2) If yes: what's the least damaging approach to address this?

Can you direct us to somewhere to find what the guidelines are for a Standard Order (Arkansas)

Thank you

[socrateaser]

>1) What is CP's obligation to discuss matters of the child
>with NCP personally? Does CP have the legal entitlement to set
>an agent in lieu?

You're arguing over an issue that is not adequately addressed in the existing court order. Go back to court and get a clarification, so that you can stop arguing and move on with your lives.

The new husband's acting as agent could be found to be binding or non binding depending upon the exact matters under discussion. Once again, however, this is all a huge waste of time. If you want closure, have the court clarify the existing orders.


>1) Does NCP have the right to demand child be given
>appropriate privacy during his calls?

Depends on what the court order says regarding privacy. If it says nothing, then either of the child's parents can reasonably monitor the phone call.


>2) If yes: what's the least damaging approach to address
>this?

There is none. Either the order grants the child privacy or not. If it does, then violation of privacy is contempt and the remedy is a contempt hearing/order with sanctions.

>
>Can you direct us to somewhere to find what the guidelines are
>for a Standard Order (Arkansas)

Call the county courthouse and ask for the family law facilitator.

[ArkStepMom]

I sense a frustration in your reply. It wasn't my intention.
We've been to court spent all our money on an attorney who barely gave a crap. So until we've saved enough  for another who might actually get us in a courtroom, we're stuck with simply trying to encourage her to stick to the rules of fairness and the order.
Thanks though for your direction to the standard order.

[socrateaser]

Frustrated a little. I just like to cut to the chase. I realize you may not have the funds to persue the obvious solution, but in this case it is so much the most efficient solution that you should just borrow the dough and do it. You can probably accomplish it on written motion alone and without an oral hearing.

[ArkStepMom]

As to your advise, Soc, re: BM denying visitation (her Spring Break vs our 3rd weekend)
Summary: NCP sent letter stateing our intentions for visitation for the 3rd weekend(sent Cert,RR).  CP responded by telephone message, her denial. NCP attempted to resolve same by telephone, to which CP refused and her now husband was "fielding his questions today" (NCP refuses to discuss matters with CP's husbands). NCP drafted another letter restating our position and our intention to be at the court ordered time and place. (sent Cert, RR, (UPS online updated as not delivered) & same time-a copy to Circuit Clerk-delivered). NCP drove the two hours, attained a gas station reciept on arrival and departure.
Contempt here is a slam dunk (to add to the dozens of others of the like), I think.
My questions are these:

1) What is CP's obligation to discuss matters of the child with NCP personally? Does CP have the legal entitlement to set an agent in lieu?

Off Topic: Child is made to take NCP's calls over speaker phone while CP supervises (along with everyone else in household to include 2 other children). Child has stated she doesn't like it and it's difficult for us to hear her tiny little 6 y/o voice.

1) Does NCP have the right to demand child be given appropriate privacy during his calls?
2) If yes: what's the least damaging approach to address this?

Can you direct us to somewhere to find what the guidelines are for a Standard Order (Arkansas)

Thank you

[socrateaser]

>1) What is CP's obligation to discuss matters of the child
>with NCP personally? Does CP have the legal entitlement to set
>an agent in lieu?

You're arguing over an issue that is not adequately addressed in the existing court order. Go back to court and get a clarification, so that you can stop arguing and move on with your lives.

The new husband's acting as agent could be found to be binding or non binding depending upon the exact matters under discussion. Once again, however, this is all a huge waste of time. If you want closure, have the court clarify the existing orders.


>1) Does NCP have the right to demand child be given
>appropriate privacy during his calls?

Depends on what the court order says regarding privacy. If it says nothing, then either of the child's parents can reasonably monitor the phone call.


>2) If yes: what's the least damaging approach to address
>this?

There is none. Either the order grants the child privacy or not. If it does, then violation of privacy is contempt and the remedy is a contempt hearing/order with sanctions.

>
>Can you direct us to somewhere to find what the guidelines are
>for a Standard Order (Arkansas)

Call the county courthouse and ask for the family law facilitator.

[ArkStepMom]

I sense a frustration in your reply. It wasn't my intention.
We've been to court spent all our money on an attorney who barely gave a crap. So until we've saved enough  for another who might actually get us in a courtroom, we're stuck with simply trying to encourage her to stick to the rules of fairness and the order.
Thanks though for your direction to the standard order.

[socrateaser]

Frustrated a little. I just like to cut to the chase. I realize you may not have the funds to persue the obvious solution, but in this case it is so much the most efficient solution that you should just borrow the dough and do it. You can probably accomplish it on written motion alone and without an oral hearing.