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socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 37818
Experience:  Retired (mostly)
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We have mediation agreement stating that the child in May

Customer Question

We have mediation agreement stating that the child in May have frequent and daily liberal communication with the father before bedtime.
Not only do I not call daily but in frequently but when I do she does not even text back or call back and sometimes doesn't even call for days.
I have 5 days every 2 weeks I don't see son but for 6 hours and this is when I tend to call like today at 530pm . No reply of any kind it's 8pm now. I think she is trying to say I bother her when that is not even vlose.
Today's sms to her:
5:40 Hey I tried skype. I'd like to fix it for you. Can you try to skype me to say hi to Matteus
6:20 I want to say hi to Matteus.
7:50 Well, I guess you are busy I don't want to bother you. Call me tomorrow before noon so I can say hi to Matteus.
So that is why I included that last text to show I am not wanting to bother her even if she says it.
She doesn't let me.say hi on special holidays like thanksgiving or new years slay and many more holidays including normal reasonable requests as above.
She didnt let me partake in any pick up or drop off or even be part.of special school activities holidays parent days in his first year of school, while married and nothing against me.
She also insisted on after care when I was available to be a father to my son and to take care of him, so much more
Even her saying in writing that she didn't agree to his 2nd school year teacher recommended schedule change so that his schedule is.more continuous allowing him to retain more learning. She didnt agree because she told me.she didn't have a baby sitter on Fridays and so he had to goto school Fridays and couldn't do Mon Tuesday Wed as recommended by teacher. I was available all Fridays to be with him.
So, now we are divorced and after all this she continues about phone contact and not allowing normal phone contact per agreement and signed by judge.
I even had to get the 3rd year current schiol.teachet to create copies of info and school dates and activities for father because she wouldnt info with me.
Submitted: 4 months ago.
Category: Family Law
Expert:  socrateaser replied 4 months ago.


I'm sorry to learn of your difficulties. Regrettably, this is fairly typical of divorced parent relationships.

Your recourse is to file a petition for enforcement against the other parent, an have the court make appropriate orders to prevent continuation of the other parent's conduct. If the parent continues to violate the court's orders after that, the judge can reverse or modify custody, impose financial sanctions, and even put the other parent in jail for a short time as a means of encouraging compliance (this is a very rare and extreme step, but the court has such authority).

The petition form can be found at this link.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

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