Subpoena of my phone records

[kevinblackwell]

What is the name of your state? CA
My wife's ex has sent me a subpoena for my wireless phone records. He is trying to fight a motion my wife has submitted due to his emotional abuse of his children. What I suspect is that he is trying to prove alienation of his kids or some crap like that and the phone records he is looking for will only show text messages of; how agry his kids were during this period of time, and how he tried to control and isolate the two kids. It will also show cold and taunting texts from his girlfiend. Although I'd like to see how this would blow up in his face, I also don't want him to have any of my phone records. Although my kids (his biological kids) each have a cell phone that I pay for under my account, I don't feel he has any right to them. Do I have to forward my records? Will my cell provider be compelled to deliver these?

 

[Just Blue]

What is the name of your state? CA
My wife's ex has sent me a subpoena for my wireless phone records. He is trying to fight a motion my wife has submitted due to his emotional abuse of his children. What I suspect is that he is trying to prove alienation of his kids or some crap like that and the phone records he is looking for will only show text messages of; how agry his kids were during this period of time, and how he tried to control and isolate the two kids. It will also show cold and taunting texts from his girlfiend. Although I'd like to see how this would blow up in his face, I also don't want him to have any of my phone records. Although my kids (his biological kids) each have a cell phone that I pay for under my account, I don't feel he has any right to them. Do I have to forward my records? Will my cell provider be compelled to deliver these?

Well...There you go. Third party over-involvement at it finest. They are not your children. If you are subpoenaed you must comply. Period.

 

[Isis1]

they aren't your kids...sorry , but yes a court order is a court order.

 

[proud_parent]

If you are subpoenaed you must comply. Period.

...sorry , but yes a court order is a court order.

Whoa, hold on. I am not about to defend this stepfather for overstepping. But for my own edification...

A subpoena for records is not necessarily the same as a court order to produce said records, is it? I know that some local court procedures allow attorneys to issue subpoenas; might this be true in OP's jurisdiction? If so, could not the person subject to such a subpoena object, file a motion to quash, etc.?

I have no idea whether OP has grounds that would sustain an objection in this case. I'm merely asking to clarify my own understanding.

 

[Isis1]

http://www.ucop.edu/ucophome/policies/bfb/rmp10.html


SD can respond to request the subpoena squashed, but would have to justify why. just as dad would have to show just cause why he had to subpoena the records.

 

[stealth2]

Although my kids (his biological kids) each have a cell phone that I pay for under my account,

I think you have things a wee bit backwards, sonny-boy. It SHOULD read:

Although HIS kids (my stepkids) each have a cell phone that I pay for under my account,

You're way overstepping your place. All you're doing is building him a case for alienation.

 

[penelope10]

I think you have things a wee bit backwards, sonny-boy. It SHOULD read:



You're way overstepping your place. All you're doing is building him a case for alienation.

But this is "Super New Daddy," alienation--never!

 

[Inquiry123]

the phone records he is looking for will only show text messages of; how agry his kids were during this period of time, and how he tried to control and isolate the two kids.

Obvious Question: Then what are you afraid of? This should make your wife's case, right?

My Advice: Throw the cell phones in the trash. Let Mom and Dad agree to have everyone see a psychologist that has experience in parental alienation (or some crap like that). Give it six months -- then fill us in with an "emotional abuse" update.

Good luck.

 

[FITFatherof2]

Check with you phone provider. Most do not keep the actual text from the messages, instead it’s just a list of times and from which phone and who received the message. Just to be sure check with your provider. If the subpoena is from the attorney you may have time to go before a judge and have the subpoena quashed. Check your local court rules, or the court clerk may be able to answer your question.

 

[onebreath]

kevinblackwell,

I don't want to tease, but it could almost be kevin blackmail.

Look, you are not doing anyone a favor by fighting with the dad, certainly not the kids. It hurts them deeply.

I hate interference in my life too. I went through (requested it and paid for it) a full fledged psychological evaluation that went on for months and was very not fun. But, what are you afraid of? You made it sound as if it would blow in dads face....so if thats the case, let it.

If the alienation is in the past "show...how angry his kids were during that period of time..."then let it lie in the past. It sounds like a high conflict situation between your wife and ex...the kindest thing you can do is support the kids and keep recognizing dad is their dad and you are not the dad.

You kind of blew your 'case' for me when you explained you pay for a cell phone for the kids...but its not their cell phone its clear....its yours...its very conditional gift to give them a cell phone and say you can't call your biological father???!!! Thats blackmail, alas my first sentence. Don't set love conditions on (not "your" kids, your wifes children) children. Trust me...kids get that in a second....thats playing childs games...not the adult game of teaching them by example how to get along...sorry...but that behavior causes more damage than good anywhere.

 

[casa]

What is the name of your state? CA
My wife's ex has sent me a subpoena for my wireless phone records.

Obey the subpoena. It will greatly discredit your wife's case if you don't.

He is trying to fight a motion my wife has submitted due to his emotional abuse of his children.

He has every Right, legally, to do so.

What I suspect is that he is trying to prove alienation of his kids or some crap like that and the phone records he is looking for will only show text messages of; how agry his kids were during this period of time, and how he tried to control and isolate the two kids. It will also show cold and taunting texts from his girlfiend.

Your 'opinion' of what it shows is irrelevant. Mom & Dad both have a Right to demonstrate any documentation/evidence to support their claims. The Judge makes the decision of what IS or Is NOT.

Although I'd like to see how this would blow up in his face, I also don't want him to have any of my phone records.

Too bad. You are under subpoena. You pay for the phones, so you are the person to ask for the records. Period.

Although my kids (his biological kids) each have a cell phone that I pay for under my account, I don't feel he has any right to them. Do I have to forward my records? Will my cell provider be compelled to deliver these?

YOU are being compelled to deliver these.

And these are the children of your Wife & her X. Biologically, Legally & in most any other aspect. Stop with the 'my', it also hurts your wife's case.

My 2c.

 

[wileybunch]

And these are the children of your Wife & her X. Biologically, Legally & in most any other aspect. Stop with the 'my', it also hurts your wife's case.

And, going beyond the age when the parents can bicker over custody issues, it will hurt the "children" for long beyond that, too. You simply cannot erase 1/2 of a child from themself without doing psychological damage.

 

[jbowman]

Im in CA and my attorney subpoenaed the bank records of my ex's new wife. My ex stated in court that he used wife's bank account to deposit his income from being an independent contractor. My attorney was trying to prove his income because he was not providing all his 1099's to the court.

The wife had 10 days (i think) to object. And she did. Said she was NOT a party to the case and it was her own personal bank account.

And that was that. Judge didnt override the objection. She just left it alone.

 

[Zigner]

A subpoena for records is not necessarily the same as a court order to produce said records, is it?

A subpoena is issued by an officer of the court. Yes, it's not a "court order", but it's not very far removed from one...