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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11446
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I sent my children to my ex's summer timesharing.

Customer Question

I sent my children to my ex's for his summer timesharing. The last time I spoke to them (via FaceTime) was Wed. My ex was in the background (i could see him) not letting me talk to my children in private. I have called and texted daily through out each
day. Last summer he took their phone and told me the only way I could talk to them was if I were to text or call through his phone; when I called his phone; I was always put on speaker and he or his mother would interrupt my phone calls to them; he would also
only allow me to call once a week. I fear the same thing is going on again. I am going to school for Paralegal and would like to do this Pro Se. What do I do? He has gotten away with so much so far; the last hearing was to go after the back child support;
because he cried "my girlfriend kicked me out and I can't afford much" he got a $30K interest free loan at $150 a month!
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Do I send him a text asking him why is it when the children are with him, I have to contact him to ask permission to speak with our children yet when they are with me he can just call their phone and never have to ask me? Or do I mail him a copy of the parenting plan and highlight the section about communication? At what point can I have this addressed to the judge? Or would I be wasting my time & money?
Customer: replied 1 year ago.
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Expert:  mmdesq replied 1 year ago.
Good Afternoon:I am going to address your question. I would recommend filing a petition for contempt. Contempt is willful failure to follow the custody order terms. The monitoring of the calls is a violation. I would recommend sending him something in writing first demanding him to stop the behavior and putting him on notice that if this behavior continues you will file for contempt of the order.I hope this is helpful.Good luck.