Recording a missing child's phone-call

[Jooner]

Divorced in Texas, she moved to California


I am a Joint Managing Conservator of my 10-year old son. My ex-wife had denied me any visitation to my son for the past 1 1/2 years and refused any telephonic contacted with him for 11 months including all the Holidays - she refused to answer any of my calls.

A friend of mine was visiting LA and I sent with her a gift to my son. When she attempted delivery to house, she was told that my ex had left the residence a year ago.

I sent my ex an email expressing that I would report my child missing to the authorities and that she is in contempt for denying me visitation, etc.. and demanded to know the whereabouts of my 10-year old son. I also sent emails to my ex's parents asking them for my son's address with no response.

Evidently my email rattled her cage and I received a phone call from my son who was extremely alienated, hostile and nasty. This is not the same loving and wonderful child I once knew. I called him back and recorded the phone call (as Joint Managing Conservator) of my missing and concealed 10-year old son.

During the phone call, he was being coached, monitored and 'whispered to' by his mother. He made many racist and ultra-right wing statements, stated that I would go to hell for not practicing his form of religion, that I am visited and controlled by Satan and made several other hateful remarks. Then he informed me about a restraining order which I was never served. He also stated that he is NOT a missing child, so I asked him for his street address, he said "California", and when I asked him for the street address again he gave me his old address, when I told him that I knew he did not live there and what his street address was, his mother's voice became more audible and told him to get off the phone.

As a Joint Managing Conservator of my missing concealed child - can I use the recording in court in my pursuit to (1) show that he is concealed/missing and my attempt to locate my son and (2) enforce visitation and show how alienated my once loving child has become (3) Show her emotional child abuse, racism, religious bigotry, intolerance and brainwashing?

Your comments are much appreciated

Thank you..

 

[Ohiogal]

Why haven't you reported him as missing? If she is concealing the child from you then you NEED to report him as missing as she is breaking the law.

 

[BL]

Is this child school age ?

You can also Petition the Court and obtain a FPLS form for the Judge to sign and initiate .

If you can't get anywhere with the FPLS , call Child Find Of America , and once located File the Petition and have her served with the summons .

As OhioGal asked ,why haven't you gone to the DA. to file charges ?

Also contact missing and exploited children , and find out info on your State Clearing house and obtain a booklet of sorts on Child abduction . There's a wealth of good info , including a sample of the FPLS form .

 

[Jooner]

What is FPLS?

I just found out a few days ago and she has added the component of panic to a slew of other emotional suffering I had endured from being denied my son for so long. I thought that she would only be violating the court order on visitation.

As I am living in Europe now, I will hire an attorney with the power of attorney to report him missing. I will also make contact with the necessary agencies that you had outlined.. (Thank you)..

Is it legal to use the recording?

 

[Zigner]

So, you're now living in Europe. That changes things. It is entirely possible that California now has jurisdiction of this case and that your custody ruling has been changed. You DEFINITELY need a lawyer ASAP.

 

[LdiJ]

So, you're now living in Europe. That changes things. It is entirely possible that California now has jurisdiction of this case and that your custody ruling has been changed. You DEFINITELY need a lawyer ASAP.

I agree, that seriously changes things.

 

[StampGirl]

I just found out a few days ago and she has added the component of panic to a slew of other emotional suffering I had endured from being denied my son for so long. I thought that she would only be violating the court order on visitation.

As I am living in Europe now, I will hire an attorney with the power of attorney to report him missing. I will also make contact with the necessary agencies that you had outlined.. (Thank you)..

Is it legal to use the recording?

Interesting. For the last 1.5 yrs you have had no contact with your son because his Mom has denied visitation/contact. However, instead of filing for contempt you move to Europe? How long have you lived there?

Honestly, I am not sure how strong of a case you have. It wasn't important enough for you to deal with it over a year ago when the vists were denied. Given you aren't even in the country now, its highly likely CA has jurisdiction and that you "missed" court filings etc. Did Mom know you moved to Europe? Did you inform her and your son of your move including address etc so that you could be contacted with court filings?

 

[RRevak]

Interesting. For the last 1.5 yrs you have had no contact with your son because his Mom has denied visitation/contact. However, instead of filing for contempt you move to Europe? How long have you lived there?

Honestly, I am not sure how strong of a case you have. It wasn't important enough for you to deal with it over a year ago when the vists were denied. Given you aren't even in the country now, its highly likely CA has jurisdiction and that you "missed" court filings etc. Did Mom know you moved to Europe? Did you inform her and your son of your move including address etc so that you could be contacted with court filings?

I'm getting the strangest sensation that we might be missing some of the story here. If I was denied my child for 1.5yrs I would be in that court room before a judge so fast I would leave skid marks! I would also NOT move to Europe!
We arent getting the whole picture here......

 

[LdiJ]

I'm getting the strangest sensation that we might be missing some of the story here. If I was denied my child for 1.5yrs I would be in that court room before a judge so fast I would leave skid marks! I would also NOT move to Europe!
We arent getting the whole picture here......

You are right that we probably are not getting the whole picture. If dad didn't think that the fact that he moved to Europe was relevant in his first post, there are likely other facts that dad left out because he didn't think they were relevant either.

 

[RRevak]

You are right that we probably are not getting the whole picture. If dad didn't think that the fact that he moved to Europe was relevant in his first post, there are likely other facts that dad left out because he didn't think they were relevant either.

Dad needs to hop himself back on here and explain why its taken him this long to take steps to regain contact legally with his son...and I personally want to know why he decided that moving to Europe after losing contact with his son was a good idea, esp when he says that his son has been held away enough to prompt him to file a missing child charge....

 

[Ohiogal]

Dad needs to hop himself back on here and explain why its taken him this long to take steps to regain contact legally with his son...and I personally want to know why he decided that moving to Europe after losing contact with his son was a good idea, esp when he says that his son has been held away enough to prompt him to file a missing child charge....

I agree. Moving to Europe is a BIG deal and a major point that needed to be known. I was under the impression that he was still in Texas.

 

[Jooner]

To make it clearer

My childhood and schooling was in Europe and after being in the USA a while, I was working in Europe since 1999 she remained in the US and I went back and forth. We divorced in 2007.

I feel ill last year and could not maintain her spousal support - she got very angry.

I did not know my child went missing until last week. I assumed he was living with an angry mother and that she would come back to her senses.

Maybe I am suffering from the non-confrontational culture gap here .. that the best interest of the child should come above everything else, including how angry she is.

My child has been alienated and needs a lot of help.

Texas remained the state of continuous jurisdiction as I just now discovered.

 

[Ohiogal]

My childhood and schooling was in Europe and after being in the USA a while, I was working in Europe since 1999 she remained in the US and I went back and forth. We divorced in 2007.

I feel ill last year and could not maintain her spousal support - she got very angry.

And? Did you go back to court for a modification?

I did not know my child went missing until last week. I assumed he was living with an angry mother and that she would come back to her senses.

The call is NOT going to help you. Your child is NOT missing. Your child apparently was NOT concealed to you. Mom moved. But since you moved to Europe, you were not going to prevent her move. She could move anywhere in the country without a problem. Why didn't you do anything to exercise your visitation?

Maybe I am suffering from the non-confrontational culture gap here .. that the best interest of the child should come above everything else, including how angry she is.

No. You are in denial of YOUR ROLE.

My child has been alienated and needs a lot of help.

He was alienated by YOU. YOU moved to another country and apparently in that entire time never tried to exercise your visitation. They moved to Los Angeles and are still in California whereas you went to the other side of the earth. You have not tried to see your child since the moved to California? You have not exercised your visitation or dropped in? I can understand why the child feels alienated but that is not on mom.

Texas remained the state of continuous jurisdiction as I just now discovered.

How did you discover that? Because mom can have the jurisdiction transferred to CA. Your child is NOT concealed from you.

 

[LdiJ]

My childhood and schooling was in Europe and after being in the USA a while, I was working in Europe since 1999 she remained in the US and I went back and forth. We divorced in 2007.

I feel ill last year and could not maintain her spousal support - she got very angry.

I did not know my child went missing until last week. I assumed he was living with an angry mother and that she would come back to her senses.

Maybe I am suffering from the non-confrontational culture gap here .. that the best interest of the child should come above everything else, including how angry she is.

My child has been alienated and needs a lot of help.

Texas remained the state of continuous jurisdiction as I just now discovered.

TX would only retain jurisdiction temporarily. Neither of you live in TX any longer, therefore TX would have no interest in retaining jurisidiction. Jurisdiction is going to end up in the state of the child's legal residence.

Your child is also not "missing" in the classic sense. Your child is living with his mother who has custody of him. His mother is hiding her address from you, but he is not missing.

Mom most likely is in contempt of court for that, and also in contempt if she is denying you visitation outlined in the court order, but you are also in contempt of court for the non payment of the spousal support.

 

[Jooner]

Wrong

We are Joint Managing (custody) Conservators of my son. I had continuous access and contact to my son until last year. He spent time with me in Europe and in the States his entire life. My son and I had the most wonderful loving relationship. I got sick, she got angry that I was unable to provide her with support while she remained unemployed.

There is no contempt in TX courts for changed circumstances and spousal support is very limited in scope under Chapter 8 of the TX Family Code and is considered a debt - not court enforceable. Texas spousal support conditions the support on the basis that an ex spouse must show an 'exercise in diligence' to gain employment or skills. She had not - remained unemployed, so she is in violation of the Law under which she was granted her support.

I have retained counsel in both states this morning .. my case is pretty straight forward according to the lawyers ..

I refer you to

Hostile Aggressive Parenting - Emotional & mental child abuse