It is clearly stated in the Parenting Plan that my children cannot call anyone else MOM or DAD yet my ex-husband encourages them to call his wife mom. Even though I have spoken to him about this a number of times, he refuses to stop. I have also spoken to my kids about it but they say that they do not want to anger their dad. What can I do about this? Can I sue him?
Contact an attorney in your area and decide if you can file for a contempt of court proceeding against your ex.
Nothing in the answer provided should be considered legal advice because all cases and facts are different and require a thorough examination of the facts by an attorney before any decisions are made.
Family Law Attorney
You go back into court to enforce the parenting agreement. You should consult with a family law attorney in your area.
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I agree wth Attorneys Morcroft and Kendrick that you can sue him for contempt. Suing people is expensive in terms of time, money, and emotional currency, be sure you can afford it before you do it.
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Child Custody Lawyer
I agree with my fellow colleagues. You can go back to court.
Family Law Attorney
I agree with all of the answers already posted but would add a few commnets. First decide what type of enforcement you want to do. Any family attorney worth their salt could come up with a cimple Motion to Enforce (the parenting plan) on this issue,. The other route, as a few mentioned, is a Motion for Contempt. I woujld start with a motion for civil contempt and set forth that the purge soujld be his agreement to stop this behavior. In addition you should ask for a fee award for the enforcement if not the dispartiy in your financial resources if that exists. Further ask the Court to consider a compensatory fine - $500 or so - and that will get his attention. If this fails to bring results than you're going to have to go back to court this time with a motion for indirect criminal contempt and ask the court to actually punish him for his contemptuous behavior. You'll need a lawyer to help you with the criminal the criminal contmept matter. Good luck.
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Divorce / Separation Lawyer
It sounds like this issue has come up time and time again in your family to the point where you have placed it in your Parenting Plan, you have discussed it with the children's father, and you have discussed it with the children. This tells me that what has been put in place has not worked. If the issue is such that will continue, as I suspect, it may be prudent to file a motion to compel compliance with the Parenting Plan, giving the father legal notice that if he continues to encourage the children in this manner, he will be facing a contempt charge. You can also file a Motion to Appoint a Guardian ad Litem if you feel that it is interfering with the children's happiness and well being. A Guardian ad Litem will investigate the family situation and then report to the Court about what is or is not in the children's best interest. It is very important to keep in mind that all of things cost money and the conflict that these issues are causing are not only financially draining, but, as you clearly can see, are emotionally draining. I suggest you confer with an attorney so that the children can move through this dissolution with as little stress as possible. Best of luck to you.
This response is not meant to be legal advise in light of the fact that I do not have all of the facts of your case in front of me. Please feel free to contact an attorney to deal with this issue and all of the recommendations you receive regarding this matter.