Legal Question in Family Law in Maine

Re: mother won't let me speak to kids

You can also file a Motion for Contempt in order to enforce the contact provisions.

With respect to the police, they will not become involved; it is a civil order and they will not take any steps to enforce it. However, by the same token, they should not be advising you not to call which is permitted by a court order. You should continue your court-ordered calls whether or not your ex wife allows you to speak to the children. As long as you stay within the guidelines provided by the order, you should be safe from an action for harassment brought by your ex spouse. Keep a diary to track the date and times of your attempts; that way at hearing you will have a list of all the contacts that were denied. If you make additional calls not specified in the order, you could open yourself up to liability.

It's certainly an odd thing for the police to say that they're not going to get involved, but then direct you not to call your children -thereby involving themselves. I would advise that you talk to a supervisor and make it clear that one of his officers has advised you not to make your court-ordered calls to your children and that you believe that is improper. You may even want to send a brief letter to that effect. Officials tend to respond more quickly to complaints in writing. I would not be surprised if the department backs away from its position.

If you have any questions, please do not hesitate to contact me.