Phone calls

[shaggin]

What is the name of your state? In California. The Judge ordered that my ex husband could have two 1/2 hour phone calls with my 10 year old son per week until mediation. The Judge wrote in the order that he was not to speak about custody issues, his arrest or about the move. (In ex's response to my order to show cause he requested to have my son during school year when he moves to Oregon, he was arrested with my son in the car in Reno for 2nd DUI, open container, distribution and possesion on marijuana, reckless driving, child endangerment.....It will be a cold day in hell before he takes my son anywhere or sees him ever again if I can help it.) During the first court ordered phone call I listened on the extension and my ex told my son he was loading all his toys in a u-hall and moving them to Oregon and he would be coming up there soon. After the call my son was so upset and sobbed till he went to sleep. Can I get into trouble for listening in to the call? My lawyer has said he wasn't sure and before we filed anything such as contempt I should see a criminal lawyer.

 

[stealth2]

Yes, you could get in a hell of a lot of trouble. And your lawyer suggesting you speak with a criminal defense attorney before filing for contempt says as much.

 

[casa]

What is the name of your state? In California. The Judge ordered that my ex husband could have two 1/2 hour phone calls with my 10 year old son per week until mediation. The Judge wrote in the order that he was not to speak about custody issues, his arrest or about the move. (In ex's response to my order to show cause he requested to have my son during school year when he moves to Oregon, he was arrested with my son in the car in Reno for 2nd DUI, open container, distribution and possesion on marijuana, reckless driving, child endangerment.....It will be a cold day in hell before he takes my son anywhere or sees him ever again if I can help it.) During the first court ordered phone call I listened on the extension and my ex told my son he was loading all his toys in a u-hall and moving them to Oregon and he would be coming up there soon. After the call my son was so upset and sobbed till he went to sleep. Can I get into trouble for listening in to the call? My lawyer has said he wasn't sure and before we filed anything such as contempt I should see a criminal lawyer.

What you CAN bring up, however, is you comforting your son while he cried himself to sleep- and that the phone call from his father was a result of that, as well as anything you son told you about the conversation if it included any of the things the father was not supposed to mention.

 

[shaggin]

Criminal lawyer said that given the wording of the order and the circumstances it is lawful for me to monitor calls but not to interrupt the call.

 

[casa]

Criminal lawyer said that given the wording of the order and the circumstances it is lawful for me to monitor calls but not to interrupt the call.

I believe the court would be most inclined to worry about the effect the call had on your son emotionally.