Legal Question in Family Law in California

My ex and I have a parenting plan wich he constantly uses to threaten me with. For instance. Our kids have been in school for 6 yrs now and he has never been concerned with their school. He has always lived hundreds of miles away. I have always provided hom with report cards and school picture info and have always allowed any visit asked. The thing is, he never asks for anything just threatens me with legal action if I don't give him what he wants. It is very stressful to me to have to deal with this all the time. My question is. Is it legal for him to always threaten me with his attorney and is there anything I could to get this to stop? I have asked him to stop over and over and he won't. This has been going on for years.


Asked on 11/16/10, 2:38 pm

1 Answer from Attorneys

Unfortunately there is nothing legally wrong with threatening legal action that one is entitled to take, or even if they are not entitled to take it, if it is consistent with enforcing an order. The only thing you can do is abide by the exact letter of the existing orders, and tell him to feel free to file, since you have violated nothing and he will be ordered to pay your attorneys fees for defending any meritless motion (not guaranteed, but tell him that anyway). Then just ignore him.

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Answered on 11/22/10, 9:47 am


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