Legal Question in Family Law in California
My ex sends me text messages reminding me of my visitation stipulations. For example, I have to go to work this weekend for a few hours and she knows about it. She sent me a text message reminding me that I am not supposed to be away from the children for more than 4 hours at a time. First, I am aware of the requirements of the order and I will ensure I am in compliance. I do not need her to remind me. But I wouldn't be surprised if she watched over me and timed me to document whether or not I remain in compliance. Second, when I leave the children for work they stay with my mom or sister, they are not left with a babysitter. They are ages 2 and 3 years old. I'm feeling harassed by my ex. When I go back to court to modify visitation is there a way to bring this issue up?
1 Answer from Attorneys
This is a subtle form of harassment. You can use this to support the removal of the 4 hour limitation on your being away from the children. You can explain that you occasionally have to work on your visitation weekend. That while you are at work the children are with grandmother or an aunt. That they are familiar with both of them. That you try to avoid working during your time with the children. The court is unlikely to require that you be gone no more than exactly 4 hours. A half hour more than the 4 hours will generally not be considered a problem.
Finally save these messages, but do not allow then to upset you. Try to write this off as an overprotective mother. Just be aware that she is no doubt watching you. If she states to the court that you were gone more than 4 hours, ask her how she knows that you were gone more 4 hours. It should not matter whether she personally watched you or had someone watch you. This conduct would be an interference with your time with the children. Her conduct shows a complete lack of trust in you as a parent. This lack of trust will be observed by the children and affect their relationship with you.
You should retain an attorney to represent you at the next court hearing.