Legal Question in Family Law in California
Ex-wifes disregard for court orders
my ex-wife was court ordered supervised visits (2hrs twice a month, counseling (drug & Alcohol), child support. She has not visited our children for six months. After the court order she has made no attempt to visit the children. All she has done is harrased me, my new wife and children. She recently called CPS. Cps spoke to our children in regards to the accusations she has been making; such as, child abuse, molestation etc. ALL of which are LIES! Cps found the children to be well taken care of and closed the complaint. She is receiving UIB, 25% of it goes to child support. A recent copy of her bank statement shows she deposited nearly 3500.00 into her account in Dec. 04. I don't know where she lives or her phone number. When she calls my house she calls from a blocked number just to harras us all hours of the day. My questions: Can a restraining order stop this? I want to show the judge she has not abided the orders and I want them changed to no contact/visitation with the children. Can I do this and what paperwork do I need? Can I contact UIB and the district attorney to let them know she has other income she's not reporting? She's also calling our employers and telling them we abuse and molest the children. What can done?
1 Answer from Attorneys
Re: Ex-wifes disregard for court orders
You can go to court with a petition to modify the court order and explain all of your issues to the judge but really, I don't think this situation is bad enough to warrant your investing so much time and money. Here are some tips.
1. Harrassing false reports to various agencies. There is nothing you can do. It is in the public interest not to stop complaints of abuse so as a society we all agree that it is better to allow harrassing false reports to be made. Rest assured, however, that the investigatros understand the situation and your best position is to be tolerant and understanding towards the authorities if and when they contact you.
2. Court ordering your wife to drug counselling. Forget it unless she attempts to see the children.
3. Harrassing phone calls to your home. Call the phone company on this.
4. Support money. Is it worth paying a lawyer to get this money? As for reporting the public money which should be going to the children, yes you can report it to the DA.
5. Calls to your employer. This is hard on you but again, the best approach is diplomatic. Explain to your boss that your first wife is on drugs and is jealous of your happiness and he will undoubtedly sympathize with you.
Question: How did you get a copy of her most recent bank statement?