Legal Question in Family Law in Utah

ex husband arrassement

My ex husband plans trips with my son without even consuling me first, so if I say no I'm the bad guy. I have full legal and custodoial custody of my three kids. They ar 15, 12,8. He has a past history of drugs and is always threatening me that hes going to take me back to court for one thing or the other. He will not answer my calls and is verbally abusive to me in front of my kids. He tried to run me over with his truck in my driveway with the kids in his truck. Is there any way to get him to leave me alone . I feel very threatened by him


Asked on 1/06/09, 8:47 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: ex husband arrassement

Each domestic case is unique and subject to the existing orders and facts. If he is using drugs now you can get orders restricting him to supervised visitation or perhaps no visitation at all. When he threatens you with court, agree with him and tell him you welcome the opportunity to go back to court, and in fact you are also considering taking him back. If he threatens you physically call the police and get a restraining order.

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Answered on 1/06/09, 10:51 pm
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: ex husband arrassement

Your question/concerns actually has four parts. First, your ex-husband does not need to consult with you or seek your permission to take trips/vacations with your children during his parent-time with them. Under the applicable law, he is required to provide you with certain information while the children are traveling with him. Namely, he is required to give you an itinerary of travel dates, destinations, places where he and children can be reached by you while they are away, and the name and telephone number of an available third person who has knowledge of the children's location. If he refuses to provide that information, you would be within your rights to refuse to allow him to take them.

Second, If he has a history of drug abuse and you feel it poses a problem and/or potential risk to the children, you should pursue legal action to restrict his parent-time with them.

Third, he is required to make the children available to you by telephone when they are staying with him. Assuming his refusal to answer your calls occurs during times when the children are with him, he is violation of the law. However, if he is simply refusing to answer your calls when the children are not with him, he is simply being rude and not, technically, in violation of any laws.

Finally, if he being verbally abusive to you in the presence of the children and has attempted to run you over with his vehicle, I would strongly recommend you report such incidents to the police and follow up by going to the court and seeking a protective order. He could very easily be charged criminally with a number of crimes, including attempted murder, attempted assault, and domestic violence in the presence of minor children.

If you need any assistance, please feel free to contact me at my email address which is [email protected].

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Answered on 1/07/09, 12:03 am


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