Telephone Visitataion

[Melanie80]

What is the name of your state? Ca

There was an order for the mom to call the father every Saturday between 5-7 pm for her move away. And my husband and I were wondering if the telephone conversations can be recorded if he lets the mom know up front that the call will be recorded. And if allowed, can she decline the phone call?
We have to make sure the phone calls are recorded due to the mom's continous accusations about the father. Any help will be much appreciated.

 

[BL]

What is the name of your state? Ca

There was an order for the mom to call the father every Saturday between 5-7 pm for her move away. And my husband and I were wondering if the telephone conversations can be recorded if he lets the mom know up front that the call will be recorded. And if allowed, can she decline the phone call?
We have to make sure the phone calls are recorded due to the mom's continous accusations about the father. Any help will be much appreciated.

Unless the Judge ordered recorded phone calls , you shouldn't be recording them .

No , you can not violate a court order without facing contempt .

I don't know if your state allows hearsay from a child , but a petition to the court to get an order included of no derogatory talk in front of or to the child by either parent , their Friends , or guest .

If the child's behavior is being impacted by such talk depending on the child's age , a therapist is one way to document what impact there is , and help the child deal with it .

 

[Silverplum]

https://forum.freeadvice.com/showthread.php?t=387214

And no, this is absolutely NOT the way to go about handling court ordered calls between parent and child.

 

[Melanie80]

telephone visitation

Thank you so much for the advice. Very much appreciated.
Hopefully all of know how horrible some parents can be in keeping the child away from the other parent. We just have to watch out for my husband's as well as the child. Considering it is suppose to be for the best interest of the child.
Thank you again for all the advice.

 

[CourtClerk]

What is the name of your state? Ca

There was an order for the mom to call the father every Saturday between 5-7 pm for her move away. And my husband and I were wondering if the telephone conversations can be recorded if he lets the mom know up front that the call will be recorded. And if allowed, can she decline the phone call?
We have to make sure the phone calls are recorded due to the mom's continous accusations about the father. Any help will be much appreciated.

Maybe I'm just being picky, but I've NEVER in all my years in a courtroom seen a judge order the parents to talk to each other...

So, does the order state that the NCP is to call the CHILD every Saturday between 5-7pm?

California is a 2 party state, so no you can't record the phone calls without her consent, and you even telling her, thus making it difficult to have that phone contact, would probably constitute contempt.

 

[Melanie80]

telephone visitation

The judge ordered that the mom (CP) call the dad (NCP) so the child can keep in contact with her father. The judge has seen in the past that the mom has tried to keep the child away from the father as much as she can, even abducted the child to Texas leaving nothing on how to keep in contact with the child, and in order for her to be able to move to another state she is ordered to maintain contact between the child and her father.
Hopefully that explains things a little better.

 

[BL]

The judge ordered that the mom (CP) call the dad (NCP) so the child can keep in contact with her father. The judge has seen in the past that the mom has tried to keep the child away from the father as much as she can, even abducted the child to Texas leaving nothing on how to keep in contact with the child, and in order for her to be able to move to another state she is ordered to maintain contact between the child and her father.
Hopefully that explains things a little better.

I have to wonder , why wasn't mom ordered to return the child to Dad's State .

If the child was returned to the State , why was the mother again allowed to relocate with the child ?

 

[Melanie80]

phone visitation

The mom is required to have the child here for visitation once a month, but on the Saturdays where dad doesn't see the child, phone contact is ordered to make sure mom just doesn't up and leave again.
The reason for the move was that the mom remarried a man in the air force and he was ordered to transfer ot Nevada.
But, the move away was granted on specfic orders. One being the phone contact. The judge has seen from neutral third parties that she has continued to alienate the child by telling the child that her daddy isn't her daddy and that the "new" guy is her father. That is why the judge has ordered the contact. The judge also ordered that jurisdiction stay in this state so the mom couldn't go to another state and start accusing the father of any other abuse being the case is more in his favor now pending an evaluation.
This is one of those cases where a lot of what happens and what the other party "gets" away with is absurd, and very confusing. That is why I'm asking these questions because we don't want to jeopardize the case going forward.
Thanks again for all the help.

 

[Ohiogal]

Why hasnt' dad asked for a change in custody?

 

[Melanie80]

-phone visitation

The court won't look at a change of custody until there a is a significance change of circumstance, and he didn't see a problem with the move as long as mom kept the child in contact with the dad.

 

[Ohiogal]

The court won't look at a change of custody until there a is a significance change of circumstance, and he didn't see a problem with the move as long as mom kept the child in contact with the dad.

Who is "he"? And parental alienation is a significant change in circumstance.

 

[fairisfair]

The mom is required to have the child here for visitation once a month, but on the Saturdays where dad doesn't see the child, phone contact is ordered to make sure mom just doesn't up and leave again. The reason for the move was that the mom remarried a man in the air force and he was ordered to transfer ot Nevada.
But, the move away was granted on specfic orders. One being the phone contact. The judge has seen from neutral third parties that she has continued to alienate the child by telling the child that her daddy isn't her daddy and that the "new" guy is her father. That is why the judge has ordered the contact. The judge also ordered that jurisdiction stay in this state so the mom couldn't go to another state and start accusing the father of any other abuse being the case is more in his favor now pending an evaluation.
This is one of those cases where a lot of what happens and what the other party "gets" away with is absurd, and very confusing. That is why I'm asking these questions because we don't want to jeopardize the case going forward.
Thanks again for all the help.

how does a phone call make sure mom hasn't left the state? As far as I know there are phones in all 50.

 

[Ohiogal]

how does a phone call make sure mom hasn't left the state? As far as I know there are phones in all 50.

As well as call forwarding and various other phone things that could allow mom to move without a change in number.

 

[BL]

Who is "he"? And parental alienation is a significant change in circumstance.

I would be heading to court over that .

The first time the mother disappeared with the children , he should have fought to keep the child in his state with him .

Who's he ? , as Ohiogal asked ?

A person that would be as irresponsible as this mother , didn't deserve the chance to be that way again .

When my children told me their mother told them to call ALL the other @1&*** Dad , they told me , but we know who are real Dad is .

I told my children a long time ago " I'm your Dad and don't ever forget it " .

Children aren't stupid , tell them to call him by his name .

 

[Melanie80]

visitation

"He" would be the judge. The mom is required to move the child between California and Nevada. Mom is suppose to leave her temp number and address as well as her permanent contact info when she is settled.
The judge didn't seem too terribly concerned with the fact that mom and the new husband have told the child that the father is not her real daddy, and to have the child call the new husband daddy and the real father papa.
Honestly, we already know we aren't getting far with this commissioner. We are waiting for the jurisdiction to change. This judge will not look at any new evidence unless provided by a "court appointed" evaluator, which is why we have chosen to go that avenue. We have also been informed that changing the judge would probably be a bad idea.
Right now, my husband and I are playing by the court's rules and trying to do things the legal way.