phone and web

[luvbeardie]

What is the name of your state (only U.S. law)? fl
I agreed to allow my x to move with the kids. Big mistake I know. In our court order we have what is called shared parenting. She is the residental parent I am secondary. In our parenting agreement we have the standard shared parenting agreement but the last page there is an addendum. In that addendum I agreed she could move with the kids and she agreed that I could have webcam access.

The webcam portion states "The mother agrees to allow the Father web cam acccess with the children. Web cam access will be goverened by telephonic access rules."

The telephonic rules are stated in the court order as follows"
"Each parent had the right to contact the children at the residence of the other party at a reasonable time and reasonable duration. Reasonable time are between 8am-8pm and 1x per day for up to 30 minutes. Any missed calls shall be returned promptly"

Now, she lets the kids talk to me on the phone or had them call me back, but VERY rarely had them on webcam. There is always one excuse or another.

I filed contempt. Her attorney now argues that the webcam/phone is an either or. She says that if I spoke with the kids for 30 minutes that day I dont have to have webcam as well. That webcam time and phone time are under the same provision. So therefore if I am talking to the kids on the phone as they are on their way somewhere and cant be at home that my x has abided by the agreement.

I disagree I interpret the agreement that I can to speak on the phone and see them on web both for 30 minutes.

The kids are 9 and 12.

Who is right?

 

[stealth2]

My interpretation is that she's in the right - you get one or the other daily - not both.

 

[Ohiogal]

I don't know too many kids that are going to want to be tied up talking to ONE parent for 60 minutes a day. Sorry but I agree with your ex. You get thirty minutes once a day. If the children were at your house would you allow your ex an hour's time each day they are there?

 

[luvbeardie]

Thank you for the quick reply. I am not meaning to say I want 60 minutes a day. Just the 30. She has high speed internet so I can talk and cam at same time. I find it convenient she has the kids call me back while they are in the car so they cant be in front of computer.

Yes I would let her have 30 minutes a day at my house.

 

[stealth2]

she has the kids call me back while they are in the car so they cant be in front of computer.

This is not contempt.

 

[LdiJ]

What is the name of your state (only U.S. law)? fl
I agreed to allow my x to move with the kids. Big mistake I know. In our court order we have what is called shared parenting. She is the residental parent I am secondary. In our parenting agreement we have the standard shared parenting agreement but the last page there is an addendum. In that addendum I agreed she could move with the kids and she agreed that I could have webcam access.

The webcam portion states "The mother agrees to allow the Father web cam acccess with the children. Web cam access will be goverened by telephonic access rules."

The telephonic rules are stated in the court order as follows"
"Each parent had the right to contact the children at the residence of the other party at a reasonable time and reasonable duration. Reasonable time are between 8am-8pm and 1x per day for up to 30 minutes. Any missed calls shall be returned promptly"

Now, she lets the kids talk to me on the phone or had them call me back, but VERY rarely had them on webcam. There is always one excuse or another.

I filed contempt. Her attorney now argues that the webcam/phone is an either or. She says that if I spoke with the kids for 30 minutes that day I dont have to have webcam as well. That webcam time and phone time are under the same provision. So therefore if I am talking to the kids on the phone as they are on their way somewhere and cant be at home that my x has abided by the agreement.

I disagree I interpret the agreement that I can to speak on the phone and see them on web both for 30 minutes.

The kids are 9 and 12.

Who is right?

I agree with her attorney. That is how I would interpret the agreement....as either/or. I can't see a judge agreeing that you get a full hour every day. That would be tough to manage during the school week between dinner, bath, homework and activities. It would be more feasible on weekends.

However its too bad that the web visits are not happening more often and I am sure that you can get a judge to require her to be more cooperative with that.

 

[Zephyr]

The webcam portion states "The mother agrees to allow the Father web cam acccess with the children. Web cam access will be goverened by telephonic access rules."

The telephonic rules are stated in the court order as follows"
"Each parent had the right to contact the children at the residence of the other party at a reasonable time and reasonable duration. Reasonable time are between 8am-8pm and 1x per day for up to 30 minutes. Any missed calls shall be returned promptly"

I disagree that it is an "or" issue.

It says you are allowed web access, it says you are allowed phone access- and it clarifies the times and duration for having them.

Because you are both interpreting the issue differently (as are people here)...I don't think it's a contempt issue, I think it's a clarification issue.

I agree that a full hour per day is maybe a bit much and probably not precisely what was intended by the court.

I would try to get the matter clarified or- if you don't want to go back to court, then on a couple days per week don't do the phone, opt for web access.

 

[stealth2]

And I don't see why you need phone & webcam at the same time. Webcam has audio, or it should. Maybe that's where the confusion is coming in to play.

 

[luvbeardie]

well I would love to do audio with the kids but she says her computer is do old that it doesnt work on her computer.
who knows...she may be telling the truth. It seems that her webcam freezes alot too the few times she did put the kids on it.

 

[LdiJ]

well I would love to do audio with the kids but she says her computer is do old that it doesnt work on her computer.
who knows...she may be telling the truth. It seems that her webcam freezes alot too the few times she did put the kids on it.

If she doesn't have a microphone, then audio wouldn't work on the web. If he computer is older and doesn't have enough RAM that could be a problem as well.

Maybe your Christmas present to your kids should be a new CPU and a microphone.