Legal Question in Family Law in Colorado
Obstruction of communication by new fiance
The divorce agreement between me and my exhusband indicate that we would consult with one another concerning important matters involving upbringing of our children. We also agreed to privately discuss issuse regarding their care and discipline. My exhusbands fiance has treatened to file harrassment charges against me if I call their place of residence. Additionally, my exhusband has told me that he will now only talk with our children and not me. Is this a breach of the divorce agreement? What legal rights does the fiance have in keeping me from conversations with my exhusband regarding the well being of our children?
1 Answer from Attorneys
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