How should I handle this

[jenndun]

What is the name of your state (only U.S. law)? Texas

I need some advice. My kids came home from visitation with their dad tonight. When they were telling me what they did the younger two said they spent the day with their aunt. My oldest started telling them how they weren't suppose to tell me. Their aunt has a drug problem and our divorce papers say they can not be alone with her. He even stood and court two yeas ago and says he knew it was best not to leave them with her. So what should I do. Can I go down and file something so we can go before the judge and let him tell x not to do it again. I can't afford a lawyer right now. I called x and tried talking to him. I even stayed nice and calm thinking I could have a conversation with him. He just laughed and said it is my word against his. He will never let my daughter whose 11 testify. I don't want dd to testify against her dad. I have done everything I can to prevent that. I just don't know what to do right now. The kids are the only witnesses to this. He thinks its funny that this bothers me. He is so mad at me over child support that he is so hard to talk to. I try but he just laughs and says there is nothing I can do about it he can do what he wants when he has the kids. And that our divorce decree is only paper and useless. He learned early on that since I can't afford to hire a lawyer he can do anything he wants even if our papers say he can't. Any advice would be great.

 

[CJane]

Your court order specifically prohibits the Aunt (presumably an adult) from being around the children?

If it were me, I'd go first thing Monday morning and see about getting that translated into a restraining order against the Aunt. THAT is enforceable without having to involve dad at all.

 

[jenndun]

Yes the decree says the children are not to be alone with the aunt. I made sure I had it put in there.

 

[LdiJ]

What is the name of your state (only U.S. law)? Texas

I need some advice. My kids came home from visitation with their dad tonight. When they were telling me what they did the younger two said they spent the day with their aunt. My oldest started telling them how they weren't suppose to tell me. Their aunt has a drug problem and our divorce papers say they can not be alone with her. He even stood and court two yeas ago and says he knew it was best not to leave them with her. So what should I do. Can I go down and file something so we can go before the judge and let him tell x not to do it again. I can't afford a lawyer right now. I called x and tried talking to him. I even stayed nice and calm thinking I could have a conversation with him. He just laughed and said it is my word against his. He will never let my daughter whose 11 testify. I don't want dd to testify against her dad. I have done everything I can to prevent that. I just don't know what to do right now. The kids are the only witnesses to this. He thinks its funny that this bothers me. He is so mad at me over child support that he is so hard to talk to. I try but he just laughs and says there is nothing I can do about it he can do what he wants when he has the kids. And that our divorce decree is only paper and useless. He learned early on that since I can't afford to hire a lawyer he can do anything he wants even if our papers say he can't. Any advice would be great.

If he thinks that he can do whatever he likes, even if it violates the order, just because you don't have an attorney, then that is YOUR fault.

Why? Because you don't have to have an attorney to file for contempt. You can study the rules and proceedures for filing for contempt without an attorney, and you can take him back to court every time he violates the orders.

That is what you should do this time. Your order state that the children should not be alone with the aunt, and they were, then you need to file for contempt.

I do agree that children (with very rare exceptions) should not be testifying against their parents, there are other ways to get the children heard, and dad doesn't have any veto power over that. (nor against testifying for that matter)

 

[jenndun]

Where do I find the information to file it myself?

 

[LdiJ]

Where do I find the information to file it myself?

See if your courthouse has any kind of self help resources.

It also looks like this would be a good place to start researching:

Laws and Criminal Justice