Would it be harrassment or not?

[FrustratedMommy]

I never "engage" if my daughter is told to tell me to stop calling I simply state "Nope love ya and I won't do it". I won't engage grandma either, never have, I basically let her rant and yell and scream all she wants and just stand there shaking my head while she acts like my 2 year old throwing a tantrum. Then she hangs up and I don't know whether to crack up laughing or call the looney bin for her.

I will keep pressing on.

Thanks again all.

 

[casa]

LOL Sounds like a plan to me!

I hate this really, because I know on one hand if I stop calling then I don't call enough even tho they told me not to; YET if I call then I am harassing them, or so they claim.

Ridiculous.

Harrassment is harder to prove than one would think....Grandma would have a very difficult time filing harrassment~ All you'd have to do is supply the court order re; telephone contact.

 

[FrustratedMommy]

That is what I thought as well. You just never know.

 

[BelizeBreeze]

Grandma is NOT a party to the court order.

 

[FrustratedMommy]

I understand that she isn't a party; its grandma that doesn't.

As far as jurisdiction since I do not reside in MD anymore tell me how MD would have jurisdiction as far as that goes? I understand she told me to stop calling so rightfully I should, but deep down I know whats going on here and I refuse to be bullied anymore.

So until the court date gets set I don't call? Don't email? and then hear how I haven't done these things when we get to court? See its a catch 22. I just kinda want to know what in the world can happen if I call my daughter tonight, and grandma makes good on the threat.

 

[BelizeBreeze]

I understand that she isn't a party; its grandma that doesn't.

As far as jurisdiction since I do not reside in MD anymore tell me how MD would have jurisdiction as far as that goes? I understand she told me to stop calling so rightfully I should, but deep down I know whats going on here and I refuse to be bullied anymore.

So until the court date gets set I don't call? Don't email? and then hear how I haven't done these things when we get to court? See its a catch 22. I just kinda want to know what in the world can happen if I call my daughter tonight, and grandma makes good on the threat.

the POINT of me telling you that is that YES, she can file harassement against you because she is NOT bound by the order.

 

[casa]

I understand that she isn't a party; its grandma that doesn't.

As far as jurisdiction since I do not reside in MD anymore tell me how MD would have jurisdiction as far as that goes? I understand she told me to stop calling so rightfully I should, but deep down I know whats going on here and I refuse to be bullied anymore.

So until the court date gets set I don't call? Don't email? and then hear how I haven't done these things when we get to court? See its a catch 22. I just kinda want to know what in the world can happen if I call my daughter tonight, and grandma makes good on the threat.

Jurisdiction remains in MD since Dad remains in MD. Regardless of if one parent moves~ If the other parent remains in the originating state- that state keeps Jurisdiction.

No one told you not to call~ People gave you varying advice on how often to call. I would not stop calling altogether, but I would consider e/o day or x2 week, instead of every day.

Grandma not being a "party" to the order means...basically she is not 'bound' to follow it. However, if she DID file harrassment against you- You'd have proof that #1 Court order allowing liberal phone contact and #2 Child resides with Grandma (school records).

 

[Whyte Noise]

Dad isn't in MD. Grandma and the child is. Dad lives in WV.

MD issued the original order. Dad lived in MD until last summer when he moved himself and the child to WV. However, the child was only there 5 months, not 6 as required under WV or MD UCCJEA to change jurisdiction to WV. I told FM that I think dad knows about the "6 month rule" and that's why he sent DD back to MD to live with grandma in January just 15 days shy of the 6 month mark.

Technically, MD could have never lost jurisdiction because DD wasn't in WV long enough to establish it there before dad moved her back to MD.

 

[FrustratedMommy]

So your telling me that if I call and she presses harassment charges I have to go to MD to defend this BS?

If that is so the laws are more out of whack than I thought.