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P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 34525
Experience:  16 yrs. of experience including family law.
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Hi. I have to keep in contact with my ex bc of our children.

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Hi. I have to keep in contact with my ex bc of our children. We email because "he doesn't want to talk to me". Through emails he harasses me about what I have done in the past , my current boyfriend etc. I have threatened to stop the emails and only speak on the phone. That way I can hang up when he goes off topic. Can I legally prohibit my ex husband from emailing /texting me? Can I tell him that I will communicate by phone only?
My ex also constantly threatens to "tell the truth about me" to my kids on their 18th birthday. He says this pretty much every day. Yes, I spoke to a guy via email/text before I was "officially divorced" does that give him the right to try and make my kids hate me for it? I don't think they will because their are two sides to every story but this makes me wonder what is going on when he has the kids at his place. They are 5 and 3. He assures me it "will all come out in due time" on their 18th birthday. Can nothing be done about this man? I just feel this shows he is an unfit parent. Thanks for your time.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

This is a tough one...that is, it can be tough to bring cases like this to the court. You certainly can...the court will step in and set boundaries...but there is a cost (since to get to the court you will need to use a lawyer to prepare and present the case to the court)

Can you give a bit of context with the court? Have you been to court AFTER the original custody order was issued? IF so for how many times and what reasons?
Customer: replied 4 years ago.

no, have not been to court since divorce. have only been divorced 5 months.

Thank you

Tell me this,

1. do you have saved emails of your conversations to date?

2. If so, what do they reflect? Are they generally civil in nature? If not do they show him being unreasonable?

3. Finally, is there any evidence that email will not work from a technical standpoint (any evidence of him or you not receiving a particular message)?
Customer: replied 4 years ago.

all emails are saved. they definatly show him being "unreasonable" when he calls me names etc. He even warned me not to "step outside" when I hand the kids over on Wednesdays. Even though its my property! Email works bc I have an iphone but I still don't constantly check it. so, is it against the law to say "contact me by phone " only?

Thank you

It is not "against the law" for him to demand email only.

But it is not "against the law" for you to demand phone only

Both of you can demand your respective desires.

But if you can not work this out? THe court would have to step in...the court can, and will if needed, issue an order on how communication will happen on this matter

I asked about how the email has worked, and how he comes off in the emails, since if you go to court? You will need to show evidence to the court in order for the court to make its decision. If you have a string of emails that show you trying to work with him to effect decisions that must be made as the childrens lives progress and the emails show him not being reasonable? That is powerful evidence in your favor to show that the phone should be used.

The court understands the phone as a means of has been used for decades.

Email is still relatively new...though it is well established

BotXXXXX XXXXXne: you can demand he only call you.

If he refuses, you can take him to court and request the court to make this ruling (phone only)

You would have to have an attorney prepare and present the motion to the court...but it sounds like you have a great case.
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