Tort Question

[David.S]

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

I was married and have 2 children. However, we have since divorced and the District court allowed the children to remain with her. They were allowed to return to Australia and did so last June. In the final orders, I was to have a minimum of at least one telephone visitation per week. Also, we were to both install webcams on our computers to help facilitate these visitations. My ex was ordered to send me copies of all the children's school and healthcare reports and if there were any changes in their physical address, phone number or email address, we were to be notify the other party within 24 hours.

Since their return to Australia, my ex wife has not complied with any of the orders that were issued and has even disconnected her voice mail on their telephone so I am unable to leave messages. When I do try to call (which is every morning on the weekends), no one will answer the phone. Because of all of this, she is trying to alienate my children and I from one another. I am going to be filing a motion for contempt and modification of Parental Responsibilities.

My question here is, can I also, sue her in civil court for "intentional infliction of emotional distress" in the state of Colorado? I ask this because what she is doing is causing me a great deal of emotional pain by not being able to visit with my children or even knowing how they are doing. If this is possible, how does one go about getting it started? Lastly, my financial situation is not that good so, I need an attorney that would take on my case for a share of what is won...are there any out there that works this way?

 

[Ohiogal]

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

I was married and have 2 children. However, we have since divorced and the District court allowed the children to remain with her. They were allowed to return to Australia and did so last June. In the final orders, I was to have a minimum of at least one telephone visitation per week. Also, we were to both install webcams on our computers to help facilitate these visitations. My ex was ordered to send me copies of all the children's school and healthcare reports and if there were any changes in their physical address, phone number or email address, we were to be notify the other party within 24 hours.

Since their return to Australia, my ex wife has not complied with any of the orders that were issued and has even disconnected her voice mail on their telephone so I am unable to leave messages. When I do try to call (which is every morning on the weekends), no one will answer the phone. Because of all of this, she is trying to alienate my children and I from one another. I am going to be filing a motion for contempt and modification of Parental Responsibilities.

My question here is, can I also, sue her in civil court for "intentional infliction of emotional distress" in the state of Colorado? I ask this because what she is doing is causing me a great deal of emotional pain by not being able to visit with my children or even knowing how they are doing. If this is possible, how does one go about getting it started? Lastly, my financial situation is not that good so, I need an attorney that would take on my case for a share of what is won...are there any out there that works this way?

No you cannot.
But I find it interesting that Australia is dominating this board today:
Today, 07:04 AM
JusticeLives
Junior Member Join Date: Dec 2009
Posts: 1

Maxwell v. Maxwell, No. 08-1945 Hague action and no relief for the Respondent

 

[LdiJ]

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

I was married and have 2 children. However, we have since divorced and the District court allowed the children to remain with her. They were allowed to return to Australia and did so last June. In the final orders, I was to have a minimum of at least one telephone visitation per week. Also, we were to both install webcams on our computers to help facilitate these visitations. My ex was ordered to send me copies of all the children's school and healthcare reports and if there were any changes in their physical address, phone number or email address, we were to be notify the other party within 24 hours.

Since their return to Australia, my ex wife has not complied with any of the orders that were issued and has even disconnected her voice mail on their telephone so I am unable to leave messages. When I do try to call (which is every morning on the weekends), no one will answer the phone. Because of all of this, she is trying to alienate my children and I from one another. I am going to be filing a motion for contempt and modification of Parental Responsibilities.

My question here is, can I also, sue her in civil court for "intentional infliction of emotional distress" in the state of Colorado? I ask this because what she is doing is causing me a great deal of emotional pain by not being able to visit with my children or even knowing how they are doing. If this is possible, how does one go about getting it started? Lastly, my financial situation is not that good so, I need an attorney that would take on my case for a share of what is won...are there any out there that works this way?

I don't know if you can or not, but honestly your efforts should be focused on the enforcement of your court orders. Unfortunately, that may mean getting Australia involved in the whole process. The US courts cannot do anything to her, but Australia is a signatory to the Hague Convention therefore they will honor US jurisdiction of the custody case.

 

[Ronin]

LdiJ, while I agree that he should focus on enforcement, at this point I don't see how David.S can even think about getting the Australian legal system in the loop. He needs to start at square one with the CO courts on a motion to enforce, and go from there.

But any Colorado enforcement orders he does get will be a lot more bark than bite in Australia unless he is prepared to follow this up and take it to the next level. Given his financial situation, this may not be very cost effective given the issues at hand. I can't even guess what the logistics and legal costs are to litigate this kind of case internationally.

As stated, suing for emotional distress in a divorce case is out of the question.

 

[gr8rn]

What is the name of your state (only U.S. law)? CO
I need an attorney that would take on my case for a share of what is won...are there any out there that works this way?

What exactly are you planning on winning and sharing with your attorney? Your kids??

 

[David.S]

Tort

Thank you for your responses. The last 2 1/2 years have been a nightmare that never seems to end. Just when I thought it would end after the Hague Convention Courts made an order of return, the local District Judge ruled that it was in the children's "Best Interests" to remain with their mother and return to Australia, simply because they had been living with her for the previous 2 years. Had she not kidnapped them, they would have been home and this would not have even been a consideration. I fail to understand how a Judge could rule in a parental abdustor's favor.

I have spent a great deal of time and money on this situation and now I am trying to find a way to set things right again on a limited budget. I don't expect any attorney to represent me for free but, if I am able to find someone thatt can work with me in a flexible manner, I would be appreciative. Further, my ex wife needs to know that what she is doing, not only hurts me but also, our children. The only way that she will understand is to lose custody and be financially punished. It is only after she is faced with the consequencesof her actions, will she realize that she cannot do whatever, to whoever and whenever she wants without a penalty.

 

[LdiJ]

Thank you for your responses. The last 2 1/2 years have been a nightmare that never seems to end. Just when I thought it would end after the Hague Convention Courts made an order of return, the local District Judge ruled that it was in the children's "Best Interests" to remain with their mother and return to Australia, simply because they had been living with her for the previous 2 years. Had she not kidnapped them, they would have been home and this would not have even been a consideration. I fail to understand how a Judge could rule in a parental abdustor's favor.

A judge has the unenviable position of having to determine what is in the child's best interest. In this case, the judge had to determine whether it was more disruptive to the children to return to Australia with mom, or more disruptive to the children to remain in the US with you. While your judge made a decision that went in a non-traditional direction, obviously your judge felt that it would be less disruptive to the children to return to Australia with mom.

I have spent a great deal of time and money on this situation and now I am trying to find a way to set things right again on a limited budget. I don't expect any attorney to represent me for free but, if I am able to find someone thatt can work with me in a flexible manner, I would be appreciative. Further, my ex wife needs to know that what she is doing, not only hurts me but also, our children. The only way that she will understand is to lose custody and be financially punished. It is only after she is faced with the consequencesof her actions, will she realize that she cannot do whatever, to whoever and whenever she wants without a penalty.

I don't see any way at all that you are going to get mom financially punished. Even if a US court made a financial judgement against her the US has no jurisdiction over assets in another country, therefore I don't see how you could enforce a financial judgement without the cooperation of the Australian courts. Unfortunately, I don't see any way that you can enforce your rights under the current court orders without getting the Australian courts involved either.

 

[Silverplum]

Continuing the odd streak, I agree with the previous poster.

You can't pick and choose which legal remedy you'd enjoy most, such as "financial punishment."

You'd be better served focusing on filing contempt through the CO Courts and beginning your journey to assert the rights you do have left. I'd also try appealing the order, if possible, but not before asserting my current rights.

You might find help at the father's rights groups online -- search for those.

Good luck to you. What has happened to you and your son is, IMO, very wrong.

 

[LdiJ]

Continuing the odd streak, I agree with the previous poster.

You can't pick and choose which legal remedy you'd enjoy most, such as "financial punishment."

You'd be better served focusing on filing contempt through the CO Courts and beginning your journey to assert the rights you do have left. I'd also try appealing the order, if possible, but not before asserting my current rights.

You might find help at the father's rights groups online -- search for those.

Good luck to you. What has happened to you and your son is, IMO, very wrong.

Its far too late for an appeal, the ruling was made sometime prior to June of 2009. He needs to work on enforcement.

 

[Silverplum]

Its far too late for an appeal, the ruling was made sometime prior to June of 2009. He needs to work on enforcement.

Missed that date, thanks. Poster does need to stick to enforcement, and not waste time/money crying over spilled milk.