last question of the night - Can I refuse to speak with CP on the phone perpetually?

[416021va]

I reside in Virginia, child resides in Florida.

I have been pretty succesful at avoiding telephonic conversations with the CP since CP effectively threatened to record all conversations years ago.

CP has recently elected to avoid speaking with me on the phone as well.

E-mail seems to do the trick. Then there are always the emergencies that will pop up. I guess I would have to be telephonically available for that, but then comes the subjective nature of what a true emergency really is.

I have felt a bit "weird" about talking to someone who could be potentially recording me at all times.

My questions are as follows:

1) Can I permanently exert my right to not speak with the CP on the phone again?

2) Can I advise the CP of such in writing without looking like a jerk in court? e.g. Could I write "I hereby refuse to speak with you based on your letter stated xx/xx/xxxx indicating your intent to record me".

Thanks

[socrateaser]

>My questions are as follows:
>
>1) Can I permanently exert my right to not speak with the CP
>on the phone again?

yes.


>
>2) Can I advise the CP of such in writing without looking like
>a jerk in court? e.g. Could I write "I hereby refuse to speak
>with you based on your letter stated xx/xx/xxxx indicating
>your intent to record me".

Better to just tell him/her that you wish further correspondence to be in writing, because you find his/her threats too inflammatory, and that if he/she chooses to call, you will terminate any call immediately.

[416021va]

Any ideas on that one? CP will make everything an emergency.

Thanks

[socrateaser]

>Any ideas on that one? CP will make everything an emergency.
>
>Thanks

An emergency is a circumstance that requires immediate action to prevent permanent injury to person or property. If the other parent isn't calling about death, serious illness or injury, major property loss or immediate threats concerning any of the foregoing, then it's not an emergency.

Additionally, if the emergency is not concerning the child or you, then it's not your problem.

[cinb85]

but I disagree with your last statement.  If the emergency concerns the CP, then it most likely will affect the child.   If I was the NCP of a child, I would want to know when the CP has an emergency so I could be sure that my child is being taken care of and to make sure that the emergency doesn't affect my child.

Just my opinion and you know what they say about opinions!!!  LOL!!!

[socrateaser]

>but I disagree with your last statement.  If the emergency
>concerns the CP, then it most likely will affect the child.  
>If I was the NCP of a child, I would want to know when the CP
>has an emergency so I could be sure that my child is being
>taken care of and to make sure that the emergency doesn't
>affect my child.
>
>Just my opinion and you know what they say about opinions!!!
>LOL!!!
>
You're contradicting yourself, because you are creating a circumstance where the the emergency affects the child in order to support your argument. And, if the emergency affects the child, then that's an emergency for the child, by definition, isn't it?

But, if the emergency affects the CP, but it doesn't effect the child, such as the CP's car is hijacked but the CP is uninjured (clearly an emergency for the CP), but, by the time the child returns to the CP, the issue is over and the car is recovered or replaced, then it has no bearing on the child's welfare and it is not an emergency for the child.

It may be quite a frightening event, but it has nothing to do with the child, unless the CP is so emotionally disabled that he/she can't care for the child. At which point, it's still not an emergency, but it will need to be dealt with.

[cinb85]

but I still think that if I was the NCP, I would want to know if the CP has an emergency so I can decide if the emergency affects my child.

As you said the CP could be so emotionally disabled by a car-jacking, that the CP wouldn't be in any shape to take care of the child.

I guess it's a good thing that I am not in this situation!

[416021va]

Soc -

Pursuant to this, I advised CP that I would be recording them as their sending me written notice that they would be recording me implied their consent that I could record them.

Now in every conversation, CP addresses that I do not have their consent to record them.

Seems a little bit strange that CP keeps saying that now.

My question is as follows:

1) Am I entitled to continue to record CP since they now tell me via email that I do not have their permission to record them?

Thanks Soc!!

[socrateaser]

>Soc -
>
>Pursuant to this, I advised CP that I would be recording them
>as their sending me written notice that they would be
>recording me implied their consent that I could record them.
>
>Now in every conversation, CP addresses that I do not have
>their consent to record them.
>
>Seems a little bit strange that CP keeps saying that now.
>
>My question is as follows:
>
>1) Am I entitled to continue to record CP since they now tell
>me via email that I do not have their permission to record
>them?

Unless the other parent notifies you that they are not recording you, then you can continue to rely on the prior notification that you are being recorded -- in which case, you can continue to record. Simple as that.

However, just let me add, that I am curious about where the other party received their information as to how to make recording lawful, because if it's from THIS site, then my answering your question here, has just told the other parent how to revoke consent -- and you should be reading about it shortly in a new letter!

[416021va]

Soc,

Thanks!

That was a Good One. :)

Fortunately, or unfortunately CP notified me in writing that I would be recorded 3 years ago.

I am just playing catch up, hence all of my years of questions as if they happened yesterday.

Better late then never I hope!!