Legal Question in Family Law in Colorado

Re: Obstruction of communication by new fiance

It's possible that your ex-husband's unwillingness to communicate with you could be in violation of your Separation Agreement, although there might be a provision in there relating to how the parties would handle disputes - i.e., mediation, etc. As long as the decision making responsibility is joint, you have a right to be consulted with and discuss the matter. Quite often divorced parents who have a high level of conflict communicate with each other regarding the children through a notebook that they exchange, or other written communication. If that doesn't work, your next option might be to file a contempt citation and have the Judge to order him to comply.

As for the fiance, her obstructing your efforts to communicate with the children more than likely would not be grounds for a contempt citation, as she is not bound by the Separation Agreement between you and your ex-husband. But if she's obstructing parenting time, that could be a criminal matter possibly, in which case you should contact law enforcement to assist you with getting to exercise parenting time.

From a criminal standpoint, in order to establish a harassment charge, it would have to be shown that you were calling repeatedly with no legitimate intent, the calls were of a threatening nature, etc.

If his behavior continues, you may want to consult with a divorce attorney to see what other options are available to you.

Hope this helps - good luck to you.

Christine C. Nierenz