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What rights do I (father) have when parenting plan is not being followed and the ex has her boyfriend doing all the talking?

Snoqualmie, WA |

Background:

Petitioner: Mother
Respondent: Father
Child: Son

My son's mother's fiance is responding after she forwards emails to him from me regarding our son to everything. The latest topic was that I emailed her Sunday to start the JOINT DECISION discussion about preschool for our son. However, she forwarded that to her fiance after telling me that she and he have already provisioned schooling and will communicate the schedule once it commences. I pointed out that decisions such as this need to be between mother and father JOINTLY. He responded by saying that I MUST stop emailing with her and only for emergencies when my son is in my care and if I do otherwise, he will file a harassment order to protect my son and his fiance from me. I feel at a loss. What advice can someone give?

I also want to add that the fiance of my son's mother continues to speak for her. I email her and her only, but then she forwards the emails to a shared email account that he and her share to which then he takes over and communicates. I have made it clear that communication is to be between mother and father. It is great that my son has people whom love him, but when it comes to parenting, it ought to be between mother and father. It states it in the parenting plan. It states that MAJOR DECISIONS such as schooling be made JOINTLY between "the parents". That would be her and I, yes?

Attorney Answers 2

Posted

Why are you speaking to him at all -- he's not a party to the action. If she is not following the PP, file a motion for contempt. Why are you letting her call the shots? Assert your rights!

Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements

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5 comments

Asker

Posted

I do not choose to respond to him. I respond to her with her email addresses only, but she forwards to him and then he responds. The latest threat I'm getting is that he says he will fill an AHPO order against me to protect her and him and my child... Protect my child from what? Can someone that easily get an order and hold me from my parental time with my son?

Asker

Posted

Let me add that I have made it clear that I wish to communicate only to my sons mother and that it is in violation of sections 2510-2521 of the electronic privacy communications act and I've made it clear in my email signature listing the confidentiality notice.

Asker

Posted

How much does it cost for contempt and what could be the positive outcome or what should/would I expect?

Dave Hawkins

Dave Hawkins

Posted

There is non standard fee -- all attorneys charge different rates. The outcome will be a order of contempt. If she continues to violate that order, she risks incarceration.

Asker

Posted

I would love to talk more... I plan to respond to the latest email only to her of course and say that we need to communicate. If she then chooses to file an AHPO, that is the risk I take. In fact, it would likely be filed from her fiance which in reality would make it difficult for her in the future cause she uses him for drop off and pickups... To add, he is on the pick up list from daycare which again was never discussed... So there been many violations when I look back.

Posted

If the mom is not jointly making decision per the parenting plan, she may be in contempt of court. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on parenting plans and joint decision making for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. Click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

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