If the mother isn't complying with a court order, then you should advise her in writing of the language of the order and what you consider to be a violation. When the issue is a parent/child relationship, punitive measures such as seeking an order of contempt, etc. should be reserved for egregious cases only after all other possibilities for improving the situation have been exhausted. If the mother cannot comply with the Court's order without supervision, then the next step is to have her contact with the children supervised. Good luck!
Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: firstname.lastname@example.org. All of Ms. Brownâ€™s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
What does the custody order say? If the non-custodial parent is entitled to phone calls, generally the custodial parent can't dictate what's in those phone calls or who the child talks to (unless there is language in the custody order/divorce decree that says otherwise). If you have concerns about this, you can always motion the court for assistance regarding this issue, however your wishes do not equate to a court order in terms of starting a contempt matter.
Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.
A party can't be found in Contempt for doing something the other party tells them not to do. A Contempt of Court finding only occurs if a party violates a specific order of the Court. Therefore, look closely at the wording of the Court's Order. If a party is found in Contempt they may be ordered to pay attorney fees for the prosecution of the action and possibly fined, or incarcerated as a penalty.
THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD PROFESSIONAL LEGAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEB SITE. NEVER RELY ON INFORMATION ON THIS WEB SITE IN PLACE OF SEEKING PROFESSIONAL LEGAL ADVICE. PLEASE BE AWARE THAT CONTACTING THIS LAW FIRM DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE DO NOT SEND ANY CONFIDENTIAL INFORMATION TO US UNTIL SUCH TIME AS AN ATTORNEY-CLIENT RELATIONSHIP HAS BEEN ESTABLISHED BY SIGNING A REPRESENTATION AGREEMENT. WILLIS LEGAL SERVICES, LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE. YOU ARE ENCOURAGED TO CONFER WITH YOUR ATTORNEY WITH REGARD TO INFORMATION CONTAINED ON OR THROUGH THIS WEB SITE. AFTER READING ARTICLES OR OTHER CONTENT FROM THIS WEB SITE, YOU ARE ENCOURAGED TO REVIEW THE INFORMATION CAREFULLY WITH YOUR PROFESSIONAL LEGAL REPRESENTATIVE.