Ex and I have 50 / 50 custody of kids . They spend a week with me and a week with him . We have been split up since August 2012 . In our agreement that we both signed in January 2013 , we have a provision for " open telephone communication " ( at reasonable times of course ) . Since January anytime the kids are with him , he does not allow me to speak with them . I will text him and ask him to have them call me . He ignores the text . Then about an hour later I will call him , and he doesn't pick up . I have not been allowed to speak with them whenever they are with him . Should I even bother filing a motion for contempt on this , or is going to be considered " frivolous " . I don't understand why if something is in the order , then how it can be considered frivolous if violated . . . . . thank you
Family Law Attorney
If he is not allowing you any contact at all then no that would not be frivolous. If you are calling all the time and demanding to talk to them constantly, thus interrupting his time with them, then you could have a problem. Your calls need to be reasonable. If you can't work out reasonable open calls, then if you go back to court, the next step will be to put you on a schedule.
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2 lawyers agree
If it is "worth it" for you to speak to your children, then it is "worth it" to file the motion. You filing a motion will also put him on notice that you will not take further violations of the order in stride, on other matters.
1 lawyer agrees
Family Law Attorney
Your motion for contempt would not be frivolous. With today's technology with cell phone calls and texts, it would be a relatively simple matter to prove your efforts to contact the children through him. If you prevail with contempt, among the other sanctions the court may levy on him is to award you your attorney fees.
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