Custodial Parent Harassing the Other Parent

[LnWilson]

My husband has a child from a previous marriage. The child is currently in our custody for 30 days. My husband has been nice in the past and returned the child. The court papers states "The receiver is to pick the child up" So in that case who ever picks up the other parent is to go a get the child. Since we do not have the time nor the money to take him back we feel that she should come and get him. I mean we were doing her a favor in the past by bringing him back. Now since we are not bring him back she is screaming kidnapping because she does not have the money to come and get him. So she decides to call his job(he's in the military) and tell them that he is kidnapping their son. That was immediately dismissed. I personally thinks she needs a physic eval. My question to you:
Can he charge her with harrassment or slander? If so, what are the repercussions?

 

[MySonsMom]

Harrassment has to be an ongoing thing. If this is the only thing she is "harrassing" you about, I suggest simply calling her and asking her to stop contacting anyone associated with you and your family, nicely tell her that you are no longer fullfilling HER obligation of half of the transporation costs, and that she may have the child back on xx/xx/xx and that it is HER responsibility from now on the retrieve the child as scheduled. Also let her know that if she continues to harrass you and your husband that you will bring legal charges up against her, with a possible restraining order. Sometimes, this will do the trick. If she continues (magic word, harrassment has to be continuous) then you can file harrassment charges. Good luck. (this can also be done in a nice letter)

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~MySonsMom~

 

[LnWilson]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MySonsMom:
Harrassment has to be an ongoing thing. If this is the only thing she is "harrassing" you about, I suggest simply calling her and asking her to stop contacting anyone associated with you and your family, nicely tell her that you are no longer fullfilling HER obligation of half of the transporation costs, and that she may have the child back on xx/xx/xx and that it is HER responsibility from now on the retrieve the child as scheduled. Also let her know that if she continues to harrass you and your husband that you will bring legal charges up against her, with a possible restraining order. Sometimes, this will do the trick. If she continues (magic word, harrassment has to be continuous) then you can file harrassment charges. Good luck. (this can also be done in a nice letter)

<HR></BLOCKQUOTE>
We have warned her on the phone many times. We want to be the adults in this matter but it's hard when you have a person that is bitter. We again told her yesterday no harrassing phone calls and to stop getting other people envolved. She called my husband's job again and told his commanding officer that if she had known that my husband was not bring their son back that she would not have let him go. That is going against the court order. Can we get an affidavit from his commander telling the courts what she admitted to? Can those words be held up in court? Do you have any good lawyer contacts in Louisana?



[This message has been edited by LnWilson (edited August 29, 2000).]

 

[Alana]

My husband and I were in a similar situation. We had his 1 1/2 yr. old son for Christmas visitation in 1999. The guidelines are that one picks up in the beginning and the other picks up at the end of visitation.

After getting his son, I sent letters to his ex-wife, our attorney, the judge who had heard the custody case, & the local police department (we live in OH, she lives in AL) telling them what day his ex could pick the child up. I explained that this is what the guidelines stated & enclosed a copy of them. I also explained that we were not kidnapping the child as she would alledge. She could pick him up any time on or after the specified date.

The ex-wife tried several things to get us to bring him back. The ex-wife did come get the child. However, it caused a lot of problems in the long-run.

She has refused my husband any visitation with his son. We got a court order to see him for summer visitation. When we got to her house, she called the sheriff's dept. on us. The deputy refused to help because the court order was from OH & not AL. She would not even let my husband within 200 feet of the child. He didn't even get to talk to him.

We had a custody hearing in the beginning of this month to try to get custody of the child. She did not show up to court but did send a letter. The letter stated that because we didn't return him to her at Christmas, she was afraid we would kidnap him this summer. She also said if the court ordered us to pick him up and bring him back, we could see him whenever we wanted. She also said she is too poor to take responsibility for her half of the transportation costs.

We're still waiting for our judge's decision.
Meanwhile, she's going to court next month to have the guidelines changed so my husband can see the child only during the summer.

I hope that you have better luck than we are having!

 

[LegalBeagle]

Let us know what happens.. I would say her hand is weak. You had evidence of the letter prior to the return date, she is telling the court that she ignored that letter and the agreement and instead came to her own conclusions.. also that if the court changed the agreement, she would then allow visitation to start again.. Now she is trying to change the agreement to reduce visitation...

Obviously, judges are unpredictiable, but if this was me, I would award you physical custody as she clearly has no intention of following court orders or allowing you to continue the relationship with the child..