2 Domestic Violence (6/2007 & 2/2008) (California)
2 Driving under the influence(7/2007 &9/2007) (California)
Driving on A suspended license (California)
5 Drunk in Public (California)
1 Theft of Alcohol (California)
11 and counting different phone numbers since 2/2008
5 and counting different address since 2/2008
5 Outstanding Active Warrants in California
Felony Drug charges (Minnesota)
Felony Driving Under the Influence (Minnesota)
Probation Violations (Minnesota)
Robbery by Sudden Snatching 7/2013 (Florida)
This is all the history I am aware of there may be more that I am missing as he has lived in at least 3 different states besides California that I am aware of.
On February 2nd, 2008 my ex and I split apart, he was sent to jail on domestic violence charges and a 5 year restraining order was issued on Feb 06, 2008. Upon his release he completed a rehab for alcohol abuse. After he completed the rehab he was issued visitation rights of 2x a week at a local park. Approximately 5 months after this he left the state due to his mother’s death after I filed a new motion to suspend his contact until he complete another rehab program as he called 911 after being belligerent with me on the phone for attempting to reschedule his visit with my daughter. She had a 102 fever and it was snowing, I had her in the ER the day before and they instructed I keep her in a warm and dry place. After leaving California for Minnesota he continued contact with my daughter for about 4 months, at first it was frequent and slowly dwindled to no calls at all and an occasional birthday card. He had no contact for 5 years with my daughter, but acquired an attorney when I filed for sole custody (full legal and full physical custody) on 09/16/2013.
5 months after filing I was granted sole temporary custody with 2 days a week communications by the father. We've struggled with the communications and been to court 1 time since to negotiate stricter terms for communication through the parenting plan. This last Wednesday I was out of the house helping a friend leaving my child with her grandfather, and was home 7 mins after their scheduled communication time. My daughter asked her father "are you kind of stupid?" After being asked the same question numerous times. She is 8 years old but most guess her around 10/11 based off how well behaved she is and so on. Anyways he then asked to speak to me (which is a violation of the parenting plan) *we are not allowed to communicate through her account. My daughter told him that I wasn't home and he threatened her with calling the cops because he assumed she was home alone. She responded to that by saying she was with her grandpa, so he then asked to speak to her grandpa. My daughter then contacts me and is nearly in tears claiming to be afraid of her father. He contacted our local sheriff's office whom came to my house nearly 3 hours after the incident conspired. He also contacted my daughter’s school and explained he was deeply worried about my child not having proper supervision and that I leave her home alone frequently. He had also threatened my daughter with welfare (not that she knows what that is) but nonetheless it scared her. I have their entire conversation and her claiming to be scared on a recording as my daughter and her father use an application called voxer to communicate on which is like a walkie talkie, he says something and it sends, then she can reply something and send to him, which is the app she used to contact me and leave a near minute long recording of her fears and logic behind it.
My issue is in 2 days she is required by the court order to have “face to face” time on Skype, but I feel as though it is in her best interest to skip this particular communication date as she is traumatized by his incessant threats of calling the cops, welfare, and having to take me back to court. Furthermore, I am not sure how to proceed with entering this information into our case file to be used as an aid to end the communication between her and him, as there has been no bond made in the 10 months of communication, she is completely uncomfortable when she talks to him, her behavior has changed dramatically since they have begun talking as well as she is retreating more and more into herself, she doesn't do all the activities she used to do and will often isolate herself from the family. I am deeply concerned about her well being but the courts do not seem to understand the gravity of the situation and feel as though it is in her best interest to have a relationship with her father.
How do I proceed with court? Should follow the court order or follow my feelings on communications in 2 days? If I followed my feelings how much trouble could I really get into if I don’t follow the court order?
If you need any other specific information to analyze the situation better I have nearly every document that been in court.
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