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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

389.0. "Is it unreasonable to ask where children are?" by MIASYS::HETRICK () Tue May 07 1996 16:54

	  I and my children live in New Hampshire, which is the state
     having jurisdiction over my divorce.  My ex- and I have joint legal
     custody.  I am primary physical custodian, and my ex- has physical
     custody over the summer and some school year vacations.  Immediately
     after the divorce, my ex- moved a thousand miles away.  In the three
     years since the divorce, the only address I have gotten out of my ex-
     is a post office box to which to send the child support and alimony
     checks.  I have a telephone number at which my ex- (or an answering
     machine) can be reached; the telephone number is not listed under any
     name, and when the children are with my ex-, the telephone number
     almost always gets the answering machine rather than a person.  I know
     from my children that mail I have sent to them when they are with my
     ex- does not reach them.  I have asked my ex- for an address both
     verbally and in writing several times, and have been refused. When I
     go to my ex-'s town to pick up the children, we all meet in a bowling
     alley parking lot.  When they are delayed, my only alternatives are to
     wait or to go home -- I have no idea where my children could be found.

	  For various reasons, this is no longer acceptable, and I have
     reopened the divorce case and moved to compel my ex- to reveal the
     address at which she keeps the children when they are with her, to
     reveal a telephone number at which I can actually reach the children,
     and to deliver to the children the mail I send to them.  (Actually, it
     was never acceptable, but I am no longer willing to try to convince my
     ex- that these are reasonable requests I am making.  I'll try
     convincing a court instead.)

	  Does anybody have any experience with anything like this?  Do
     courts generally believe the parent with primary physical custody
     should know where the children are when they are with the other
     parent?  Or be able to talk with them on the telephone?  Or have mail
     sent to them actually reach them?  Or do I just have unreasonable
     expectations?

	  Thanks,

				     Brian
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389.1CSC32::HADDOCKSaddle RozinanteTue May 07 1996 17:327
    
    My ex was ordered to keep me posed on the address, etc where the
    children could be found.  It is reasonable to know where the children
    are and that they are being properly taken care of.  She was often
    in violation of that order and move a lot, but she was so ordered.

    fred():
389.2CSC32::HADDOCKSaddle RozinanteTue May 07 1996 17:5110
    
    As for the missing mail, I'd start sending it "return receipt".  That
    way you get a signed receipt that she got it.  If nothing else you
    can show those to the kids to show you _did_ write.
    
    Before I knew better, I'd just send money to the kids in a card or
    something for birtdays, etc.  Then I got ripped by the kids for 
    sending a card and nothing else---hmmmmm.
    
    fred();
389.3MKOTS3::RAUHI survived the Cruel SpaTue May 07 1996 18:0011
    In New Hampshire it is against the law to hide children from you. You
    can file a suit against her for 'Alienation of affection, with intent'.
    There have been several cases of such and there are winners. If you are
    in NH you should join Fathers United for Equal Justice! They do work,
    and you might find you might have a fair chance at seeing them.
    
    If you want to be heard... Speak up.
    If you want to be seen.... Stand up.
    If you want justice....... Fight like hell for it!
    
    
389.4TEXAS1::SOBECKYIt's complicated.Wed May 08 1996 07:1716
    
    re .0
    
    You ask if it is unreasonable for you to know where your children are
    at all times, or to have a means to directly contact them.
    
    I don't doubt that this is your situation. I just wonder how we, as a
    society, could have ever reached a point such as this, where a parent
    can be forcibly separated and isolated from their children and be made
    to go into court if they want to stay in contact with their kids.
    
    The fact that you are in this situation speaks to the sorry state of
    our society.
    
    John
    
389.6Wife of Ex-husbandQUOKKA::38118::GASSNERWed May 08 1996 11:089
    
    IN my case my Ex husband have custody of my tow kids and the wife is
    changing the phonenumber. I have to call my ex-husband in work to get
    my kids. I can not talk to them at all. 
    
      Befor I had the phonenumber she don't let me talk with my kids she
     find all kind of excuses.
       
            Inge  
389.7MKOTS3::RAUHI survived the Cruel SpaWed May 08 1996 11:136
    Unless there is some sort of final decree, court order, etc stating
    that you cannot have contact with the children, YOU Should Be Able to
    Talk To The Children!! This sort of stuff, if you have documented it,
    is a good way to get a reversal of custody!!
    
    
389.8tuborg.cxo.dec.com::HADDOCKSaddle RozinanteWed May 08 1996 11:4719
    
    re .5

>    My personal opinion is that Court Orders only work when both parties
>    are decent and act in the children's best interest.  If you're states
>    apart - forget it - there is no way to enforce it short of going into
>    debt with attorneys/court costs.

    The court isn't going to monitor the other party to make sure the
    orders are followed. The court orders only work if _you_ enforce them. 
    Build a case that the orders are being violated, and file a complaint. 
    The court may not do anything substantial, but the activity may stop. 
    If nothing else you've served notice that you won't put up with the
    b.s.   If it doesn't, then you have to start over building a case and
    filing a  complaint.  It's expensive if you can't file the papers and
    present the case yourself, and it's a pain, but so is not seeing your
    kids.  How can you expect the court to do anything if you won't.

    fred()
389.9QUOKKA::38118::GASSNERWed May 08 1996 12:0511
    yes i do this.There is other thinks what she is doing.   She was
    sending Notes to school that my son can not have sport and counseling.
    That she wrote the Pediatrice sad. I called the doctor up and she never
    sad that. I don't what she is scared. My kids not want live there and
    she told me a couple of weeks that they want give the kids back.  I
    asked my ex and He told me that what the kids want, but he wnat it out
    of court and I asd no. I talk already with my Lawyer over that. 
    I can go on and write a book with all the things what she done.
       
               Inge
      
389.11CSC32::HADDOCKSaddle RozinanteWed May 08 1996 13:3024
    
    re .10

    Yea, I did say that the court may not do much even if the other
    party is in contempt.  Then you have to consider "did the illegal
    activity stop".  If it did, then that is the main objective.  If not
    then you have to build a new case with  new information and try again. 
    Expensive, yes, but it is expensive for the other party too.  How much
    contempt can they afford?  How much justice and being able to see your
    kids can you afford?  What is important?

    Myself, I'd try (and did) jack the judge up and try to get a different
    judge.

    I've found that a good tactic is to first ask for a "directed order"
    to comply with the court orders.  A "directed order" amounts to a
    direct order from the judge judge saying, "THIS IS A DIRECT ORDER,
    DO IT OR ELSE"!  Then if the party ignores that order, the judge has
    little choice but to whack 'em.  If he doesn't, then go to media and
    show them what is going on and tell them "this judge doesn't seem to 
    care much for the authority of the court".  Or file a request that
    the judge disqualify himself from your case for the same reasons.

    fred();
389.13MKOTS3::RAUHI survived the Cruel SpaThu May 09 1996 10:381
    .12 The teflon ex! Nothing sticks to her!:)
389.14CSC32::HADDOCKSaddle RozinanteThu May 09 1996 12:3414
    
    reply .12

>    Fred - her attorney costs *nothing* - she's "indigent" - or so she
>    claims - pretty funny she walks around in the most expensive clothing
>    until its court time - then the appearance changes.

    Then it comes down to how much seeing your kids is worth to you. Even
    if you lose a case it's not a total loss.  In my case I learned what I
    needed to do to win next time or the behavior stopped, or I could next
    time make the case that he has already been held in contempt for this
    once and she compounds the contempt by continuing the behavior.
    
    fred();
389.15QUOKKA::39702::SPICERFri May 10 1996 15:197
    In my experience the court takes a pretty dim view of this kind of
    stuff. I suggest you go to the court with motions to stop sending the
    children to her (since you don't know where they are) and stop child
    support payments since they won't be with her. Then it's up to her what 
    she does. 
    
    Repeat as necessary until she gets the message.
389.16MIASYS::HETRICKWed Jun 26 1996 13:3515
	  An update -- yes, the court took a pretty dim view of this kind
     of stuff.  The court used words like "irresponsible," "unconscion-
     able," and "totally unreasonable" -- fortunately these words were
     directed elsewhere than at me.  My ex- has "reasonable visitation"
     until she provides "acceptable" proof of an "acceptable" residence, an
     "acceptable" schedule for telephone contact, and so forth.  And I
     decide what is "reasonable" and "acceptable."  Once I'm satisfied, she
     can have what is left of her custodial period this summer -- assuming
     she even bothers: my paying her child support also ceased.  We'll see.

	  The saddest part is, I think she sincerely believes she has a
     "right" to conceal the children from me and interfere with contact
     between us when the children are "hers."  Sigh.

				     Brian
389.17MKOTS3::RAUHI survived the Cruel SpaWed Jun 26 1996 14:456
    Did she provide you with an addresss yet? Make sure that there are more
    than one bedroom in her apartment/abode. Men must do this for overnight
    visatation. Children cannot sleep on couchs, in the same bedroom as
    adult males, etc, etc.
    
    
389.18QUOKKA::2994::HETRICKSun Dec 29 1996 19:3811