My ex husband is verbally abusive and likes making threats. Here is the situation: He has legal custody of our two kids for the summers, weekends and holidays. But I am the primary custodian. He only gets them for the summers which is not my problem. I don't deny him any custody rights. But because he does not get them for the holidays and weekends.he tries to make it my problem and insists that I allow the kids to stay with him during the school year as well as the summers. I have disagreed with this and he became verbally abusive through e-mails, trying to belittle me with insults and intimidate me. He manipulates the kids by trying to cohearce them into staying with him. I told him that if he didn't bring them back home to me when the summer was over, I would bring him up on charges. He then stated that I could not do that. His child support payments are sporadic because he can't hold a job. Please help.
Answers:
First of all, if he has JOINT custody, you have no grounds to file "charges" of any kind. This is a civil matter.
Therefore, if he does not return the children when the order stipulates, you will need to file a Motion to show cause for Contempt.
As I said, this is a civil, not criminal matter until the court so decides. As for the child support, it is an unrelated issue. You also need to file a separate Motion to show Cause for contempt for the back support, have it reduced to a judgement and after the statutory waiting period in which he can remedy, file for a lien against his property.
Depending on in what state you live, the judgement is good for from 5 to 10 years, renewable (depending on the state) for the same period, and interest is charged at a rate of 5 to 10 % (depending on the state)
EDITED BASED ON NEW INFORMATION:
First, if transportation is addressed in the visitation order, then it must be followed. If you are to pay for the plane tickets or pick the children up then that's what you do.
If he is to transport the children, then he will be in contempt if he does not.
Now, if he does NOT return the children, there are two options you can avail yourself of:
1. File a motion to show cause for contempt of the visitation order. Once the court issues the order, you can file it with the local jurisdiction in Colorado and it then becomes a criminal matter whereby the police can retrieve the children.
2. File parental kidnapping charges against him. Contact your local district Attorney to discuss the issue.
Now for what I would advise you if you were sitting in my office.
Go to wal-mart or other cheap store and purchase an answering machine. Call him recording the call on the machine. Play innocent and ask when you can expect the children to be returned. If he admits or threatens not to return the children take the tape with you once you file a motion to show contempt and file an attendent motion to modify the visitation order.
Your grounds will be the safety of the children and a substantial change in circumstances with the following language:
Plaintiff prays the court issue judgement in favor of plaintiff and to order a modification of the current custody order and award Sole Legal Custody to the Plaintiff;
Plaintiff further prays the court to order supervised visitation to defendent until such time as defendent is found to not be a threat to the subject children or the Plaintiff's rights under the current order.
Both states, colorado and Mississippi allow a party to any conversation to record that conversation. Therefore, start recording all conversations with this man.
Miss. Code Ann. 搂搂 41-29-501 to -537: It is generally a violation of Mississippi law to intercept and acquire the contents of wire, oral or other communications with a mechanical or electronic device. The law against interception of communications applies neither to a "subscriber" to a telephone who "intercepts a communication on a telephone to which he subscribes," nor to members of the subscriber's household. Miss. Code Ann. 搂 41-29-535, Wright v. Stanley, 700 So.2d 274 (Miss. 1997) (state law prohibition on wiretapping did not apply to former wife who intercepted communications on her own telephone).
Violations can be punished as misdemeanors carrying the potential for imprisonment for up to one year and fines of up to $10,000. Miss. Code Ann. 搂 41-29-533. It is a felony, however, for anyone who is not a law-enforcement officer to disclose the contents of intercepted communications for any reason other than testifying under oath in a governmental or court proceeding, and the penalty for such disclosure can be up to five years imprisonment and up to $10,000 in fines. Miss. Code Ann. 搂搂 41-29-511, 529. Civil liability for an unlawful interception is expressly authorized for actual damages, $100 a day for each day of violation or $1,000 鈥?whichever is greater 鈥?along with punitive damages, attorney fees and litigation costs. Miss. Code Ann. 搂 41-29-529.
In addition, the law specifically provides that if a person is a party to a communication, or has obtained consent from any one of the parties, no civil liability can be imposed unless the interception was accompanied by a criminal or tortious intent. Miss. Code Ann. 搂 41-29-531. According to current legislation, the laws in place regarding the interception of wire and oral communications are set to be repealed on July 1, 2004. Miss. Code Ann. 搂 41-29-537.
Also, the contents of cellular telephone communications are unlawfully obtained when access is gained by a person who is not the intended recipient, or is not authorized to have access to the transmission. The possible penalties for unlawfully obtaining access to cellular communications are imprisonment for up to six months or a fine of up to $1,000. Miss. Code Ann. 搂 97-25-49.
Colo. Rev. Stat. 搂 18-9-303: Recording or overhearing a telephone conversation, or any electronic communication, without the consent of a party to the conversation is a felony punishable by a fine of between $1,000 and $100,000 and one year to 18 months in jail. Recording of a communication from a cordless telephone, however, is a misdemeanor. Colo. Rev. Stat. 搂 18-1.3-401.
Using or disclosing information obtained through illegal wiretapping is prohibited if there is reason to know the information was obtained illegally. Anyone who is not "visibly present" during a conversation who overhears or records the conversation without the consent of at least one of the parties commits a felony carrying the same punishment as a telephone interception, as does anyone who discloses the contents of such a conversation. Colo. Rev. Stat 搂 18-9-304.
However, nothing in these statutes "shall be interpreted to prevent a news agency, or an employee thereof, from using the accepted tools and equipment of that news medium in the course of reporting or investigating a public and newsworthy event." Colo. Rev. Stat. 搂 18-9-305.
Try www.expertlaw.com
You can ask the judge to look at your case again and give good reason your children should not be going with him. File a restraining order to keep him away from you. You have just cause to take these steps. Yes, you can do that!
Save ALL the emails and print them out. Show them to your attorney. He/She will not the course of action to be taken. Good luck
In most jurisdictions payment or non-payment of child support does not affect visitation. Why does he not have kids on weekends and holidays? It that his choice? Does he live too far away for those visitations? In most jurisdictions, the fact he does not exercise his visitation rights on weekends and holidays does not negate his right to summer visitation.
Keep records of all Email and phone conversations. Keep a log. When and what time a call was received/made? Immediately summarize what was said and the tone of the conversation. In some jurisdictions you can record a phone conversation if only one party is aware of it. To be safe, when he calls tell him you are recording the conversation. Most answering machines will allow you to do this.
Arrange to have another adult (preferably not a family member) present when he picks up and returns the kids. This is for your protection and that of your children.
Inform your attorney, your state's attorney general or local district attorney that you believe he plans are not to return the kids after the summer.
May you and your children be safe.
id go back and tell the judge that the children shouldnt be with him because he cant hold a job and provide for them tell them all the threats and show them the emails...get a good lawyer...thats what i did and now my ex has no custody
Why are you keeping your children from their father.
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