question about MN Statute 518.17 Subd. 3. (b)

[David Jonathan]

What is the name of your state (only U.S. law)? Ramsey County, Minnesota.

MN Statute 518.17 Subd. 3. paragraph (b) states that the NCP gets reasonable phone contact with children, copies of school, medical, dental, and insurance information, unless there are findings in the order that states the NCP does not get that.

https://www.revisor.mn.gov/statutes/?id=518.17

My girlfriend does NOT get phone calls, or any shared information from the custodial parent. He feels he doesn't have to share it, and step-mom thinks she's legally entitled to the children. (she's a nutjob, but my opinion doesn't matter, I'm not legally involved, they're not my kids - I just ask these questions for my girlfriend)

My girlfriend is wondering - does she call the police for his gross violation of the statute, or does she file a motion (either for contempt, or to change the order to add the specific language stating he's gotta follow that language)

Thank you in advance!
--Dave

(P.S. she's doing this all in pro se, because it's not affordable at all)

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? Ramsey County, Minnesota.

MN Statute 518.17 Subd. 3. paragraph (b) states that the NCP gets reasonable phone contact with children, copies of school, medical, dental, and insurance information, unless there are findings in the order that states the NCP does not get that.

https://www.revisor.mn.gov/statutes/?id=518.17

My girlfriend does NOT get phone calls, or any shared information from the custodial parent. He feels he doesn't have to share it, and step-mom thinks she's legally entitled to the children. (she's a nutjob, but my opinion doesn't matter, I'm not legally involved, they're not my kids - I just ask these questions for my girlfriend)

My girlfriend is wondering - does she call the police for his gross violation of the statute, or does she file a motion (either for contempt, or to change the order to add the specific language stating he's gotta follow that language)

Thank you in advance!
--Dave

(P.S. she's doing this all in pro se, because it's not affordable at all)

No she does not waste the police time with with this. She needs to file for contempt that being said what does her order say about communication? Your girlfriend may want to see if she can get specific wording in her order such as when phone calls will be and that she needs to be informed and allowed to be involved. Does she have joint legal though?

 

[David Jonathan]

Right now, he's got sole temporary legal and physical custody while Domestic Relations, and the Guardian Ad Litem investigate his accusations from his affidavit from an ex parte order he filed back in May.

Originally she had visits at HIS parents house with her children, however because of how uncomfortable his parents made the environment, she went to court to have it changed to a visitation center.

There is nothing in the order about communication, she gets visitation twice a week, for 2 hours at a time, Fridays and Sundays. She's exercising her Sunday visits, and she has no idea why she is not getting her Friday visits, but she's already planning a contempt motion for that. She's got it in writing that the supervision center is available for visits on Fridays but her ex refuses to set anything up.

It's a real messy battle, she's had her share of f-ups, but she's since corrected them. A year ago she was drunk, and her kids got out of the house. Since that time, she's been through outpatient treatment, and attends AA meetings, goes through weekly breathalyzer tests, and submits to urine tests on a regular basis. ALL of which have been clean from all non-prescribed substances.

but, Thank you for the advice, I'll let her know she's gotta put together a contempt motion, and ask that the language be included in the order.

--Dave.

 

[Hisbabygirl77]

Right now, he's got sole temporary legal and physical custody while Domestic Relations, and the Guardian Ad Litem investigate his accusations from his affidavit from an ex parte order he filed back in May.

Originally she had visits at HIS parents house with her children, however because of how uncomfortable his parents made the environment, she went to court to have it changed to a visitation center.

There is nothing in the order about communication, she gets visitation twice a week, for 2 hours at a time, Fridays and Sundays. She's exercising her Sunday visits, and she has no idea why she is not getting her Friday visits, but she's already planning a contempt motion for that. She's got it in writing that the supervision center is available for visits on Fridays but her ex refuses to set anything up.

It's a real messy battle, she's had her share of f-ups, but she's since corrected them. A year ago she was drunk, and her kids got out of the house. Since that time, she's been through outpatient treatment, and attends AA meetings, goes through weekly breathalyzer tests, and submits to urine tests on a regular basis. ALL of which have been clean from all non-prescribed substances.

but, Thank you for the advice, I'll let her know she's gotta put together a contempt motion, and ask that the language be included in the order.

--Dave.

Not so fast. She does not have joint legal according to you and that means a whole new ballgame. Let me look at the statue you were stating and I or someone who knows will get back to you. She can file contempt for visitation being refused on fridays though. Unless she could just as easily set up at the visitation center for friday and inform him that he needs to have child there now on fridays. Has she done that?

 

[David Jonathan]

She tried, the visitation center said that it's up to the custodial parent to set up the visitation, and the NCP has to comply - they have yet to set anything up even though the time slot is available.

--Dave.

 

[Ronin]

Each party has the right of access to, and to receive copies of, school, medical, dental, religious training, and other important records and information about the minor children.

This portion of the statute you quoted gives both parents a right to this information. It does not expressly require either parent to provide this information to the other. If mom wants access to and copies of this information, she has to right to contact the schools and such and get it herself.

The father can only be held in contempt for violating provisions of the COURT ORDER, not any STATUTES which state how the order should have been written. If the order failed to comply with the statutes before they were signed, it should have been corrected at that time by the mother or her attorney. By failing to do so at that time, she waived her right to complain of this later.

This does not mean that the mother cannot go back to court and try to modify the terms of the order by arguing that such modifications are in the best interests of the child. But unless the father is violating any provisions of the current order as it is written, there is no basis for contempt against him.

 

[David Jonathan]

Ronin ... Thank you very much for your reply. That's kinda what both my girlfriend and I were thinking the law meant, but we weren't 100% sure. I was almost under the impression that the statute was written, so that language wouldn't have to be in EVERY court order written.

Right now, my Girlfriend is completely unable to afford an attorney, so it's been a hard process of learning the laws and asking questions when we can.

She sees her kids every Sunday, for 2 hours. She's still waiting to get her Friday visits, and that's why she's filing the contempt motion ... she was just wondering about including the lack of phone calls, or lack of access to any of her 3 children's information in that motion.

When she goes to court, I'll let her know she needs to make sure the Referee puts in the order specific times that she is allowed to have phone contact with her children, and that she is to be supplied with access to all the necessary information, that way she can bring up contempt motions if he prevents her from talking to them on the phone, or trys to hide anything from her.

Thank you guys SO much for your help!!

--Dave.