Quick Question

[Neal1421]

What is the name of your state? TN

Ok, my fiance has a court order between he and his ex regarding their 7 year old child which states that he is to at least have 1 unimpeded phone conversation with his daughter per week. In the past 2 years, the child's mother has had her number changed 5 times and the only way that he gets her number is by going through the child's school or daycare. Now, she has claimed that due to monetary issues she doesn't have a phone however she receives $700 a month and has a job of her own. It is my fiance's belief that she just doesn't want to give him her new number just out of spite. Can he file for contempt over phone conversations?

 

[snostar]

If she is violating the order he can file contempt. He should also have been keeping phone records, and documenting each weekly incident of the violation.

 

[Neal1421]

That's what I thought and told him, however he thinks that if it goes back to court the judge may see it as petty. I just wanted to see what a few people here thought about the situation.

Thanks!

 

[snostar]

How many violations of contempt does he have documented?

 

[Neal1421]

Another Question

Sorry it's a little long...

Court order states that the father was to have the child from 6pm Christmas Eve until the following Friday for his Christmas visitation. The mother called that Friday that the child was due home and asked if he could keep the child until Sunday as she had plans for New Years. He agreed because he accepts any extra time she is willing to let him have with his child. His regularly schedule weekend was the following weekend, however he had to go out of town for a funeral and could not get the child. The mother informed him that it infact wasn't his weekend anyway and that she would be expecting him the following weekend for his visitation.

Here's the problem though, he is scheduled to work on the weekends that he doesn't have his child so he will not be able to get the child this weekend. If he doesn't get the child this weekend can't he file for contempt if she does not allow his visitation the next week which would be his regular visitation time had she not asked him to keep the child for New Year's?

 

[ceara19]

Have your fiance buy the child one of the new firefly cell phones. They are designed specifically for kids. They can be prepaid and programmed so that only certain numbers can be called or outgoing calls can be blocked all together. Then he won't need to rely on mom's ability to pay her phone bill if he wants to talk to his child.

 

[Neal1421]

How many violations of contempt does he have documented?

None yet. I told him though to document this one and any that might occur in the future.

 

[snostar]

Sorry it's a little long...

Court order states that the father was to have the child from 6pm Christmas Eve until the following Friday for his Christmas visitation. The mother called that Friday that the child was due home and asked if he could keep the child until Sunday as she had plans for New Years. He agreed because he accepts any extra time she is willing to let him have with his child. His regularly schedule weekend was the following weekend, however he had to go out of town for a funeral and could not get the child. The mother informed him that it infact wasn't his weekend anyway and that she would be expecting him the following weekend for his visitation.

We really need to see the EXACT wording of the order.

 

[weenor]

That's the thing...one contempt situation is not enough for any judge to do anything except fuss at her and tell her to quit. Try last poster's idea with the phone and after she loses the phone or it gets damaged, document and then document any time lost in phone conversations. Even with consistent multiple violations, the judge won't do much but once you have been in court a few times, he/she will.

 

[snostar]

None yet. I told him though to document this one and any that might occur in the future.

He CANNOT file contempt until after a violation of the order. Consequences of contempt often do not occur unless there are multiple violations.

 

[Neal1421]

He CANNOT file contempt until after a violation of the order. Consequences of contempt often do not occur unless there are multiple violations.

I know he can't file for contempt until it occurs, I meant that he should document what is happening now, and in the future if it happens again document it.

 

[haiku]

I know he can't file for contempt until it occurs, I meant that he should document what is happening now, and in the future if it happens again document it.

you should keep track of all correspondence good and bad. It can be as simple as a cheap calendar, and just make a note in box-"talked to kids today 7:00 pm" "called 7:00pm left message" "picked up child today" "was denied child today" etc......Its an easy way to track a pattern.