Is this Contempt of Court?

[thetsgtswife]

In some states you are allowed to record as long as you inform the other party that you will be recording calls but make sure it is ok in your state before you record/put a call on speaker phone.

It is not ok ever to record/put on speaker phone the convesation between parent and child. At least according to our attorney. We had to record all conversations between me and my husbands ex wife for a long time to protect me and I would always have to remind her that I will be recording this conversation for my own protection agaisnt wrongful orders being brought against me. No matter how innocent it was, she had a way of making it not so innocent in the end.

So make sure you check on this before doing it again because if its not ok or legal in your state it will make you look very bad in court even worse could get you into trouble.

TSGTSWIFE

 

[Sandwalk]

In Colorado it is considered a one party consent state. As long as you consent to recording it will be ok.

 

[starbud99]

She doesn't listen

She ( MY WIFE) doesnt listen between the kids and I. The kids always ask to speak to her, and I give her the phone, cause they like to say hi, and bye and tell her about their day. But she doesnt ever listen to the converstation between me and the kids. Anyway, I called a lawyer this morning, and he told me that I should file a contemp of court order against her, because of all the prove I have agaisnt her. Over the past 3 days the ex wife has not allowed me to talk to my kids either, and i guess she is in contempt of court again. I am supposed to be allowed to call them once a day call completed before 830pm. So I am going to call once more lawyer and see if they say the same thing. I apreciate all of your help in this matter, its hard to deal with.

 

[Silverplum]

If you're anywhere near the metro area and need some referrals, let me know. But I think you're doing fine.

I don't think it's going to help to record anything, or have your wife as a witness. What will help is going on record with the court that your visitation is being denied.

Sometimes, a good strongly-worded letter from a lawyer is enough; both to stop the nonsense and to record the infraction in the court record. It's worked for me in the past, on more than one topic or one occasion. Sometimes, when the infraction is not so serious, a strongly-worded letter from one parent to another (a copy should be sent to the court file) is enough to put a stop to bad behavior.

 

[starbud99]

would love some referrals....

Filed the Contempt of court... and was denied....since the was the 5th time shes kept the kids from me, and we have proof of every time.

since this is such a small court, we got a letter today saying that the motion was denied because there is no order for - easter. which is untrue. Easter was ordered in after we went to the mediatior. This is all BULL SH#$. All for nothing. and I cant afford a lawyer, pay too much in CS. and Taxes.

 

[LdiJ]

would love some referrals....

Filed the Contempt of court... and was denied....since the was the 5th time shes kept the kids from me, and we have proof of every time.

since this is such a small court, we got a letter today saying that the motion was denied because there is no order for - easter. which is untrue. Easter was ordered in after we went to the mediatior. This is all BULL SH#$. All for nothing. and I cant afford a lawyer, pay too much in CS. and Taxes.

Are you understanding the difference between mediated agreements and court orders? You can agree to things in mediation but until a judge signs off on those agreements they aren't legally binding.

 

[starbud99]

Of course I understand the difference. THIS is from the last time we went to mediation. It was SIGNED and ORDERED in, in the month of July of 2002. Just judge did not look into the orders as much to see that we do in fact have a signed, and legal document stating that we are to have the children in Odd years for easter, begining at above stated times. Please stop trying to make me look dumb. I do know some things, and of course I know the difference in what is talked about in mediation and what is ordered in.

 

[LdiJ]

Of course I understand the difference. THIS is from the last time we went to mediation. It was SIGNED and ORDERED in, in the month of July of 2002. Just judge did not look into the orders as much to see that we do in fact have a signed, and legal document stating that we are to have the children in Odd years for easter, begining at above stated times. Please stop trying to make me look dumb. I do know some things, and of course I know the difference in what is talked about in mediation and what is ordered in.

I wasn't trying to make you look dumb. However its rare for a judge to make an error like that...so it was possible that you had agreed to something in mediation that hadn't yet been actually ordered by the judge. There are a lot of people who don't realize that a mediated agreement isn't enforceable until a judge signs it and makes it an order. That doesn't make them dumb either....it just makes them unaware of how the system works....and there is nothing to be ashamed of in not knowing legal proceedure.

 

[little_mama247]

It's a violation

New York
That is a violation of the court order, I myself would put in a violation petition and explain what you did. If you still have the proof that you were there, just have it copied and staple the copies to the violation petition. You need to at least try and violate her and express to the judge that your afraid that she'll do this again due to the fact she has threatened you with it before! I have had to put in several violation petitions, and to be honest the more you put in the more the judge might see what she is doing. It's a long road but sooner or later it will be worth it.