Legal Question in Family Law in Utah
Do we have to?
My husbands ex wife told us that we have to let her know when we will be in her town. We frequent a resturant in that town and it just so happened that we seen my husband children walking down the road. We stopped and talked to them for a minute and left. She is now stating that we must inform her of when we will be in that city so there will ''be no misunderstanding'' on what our attentions will be. We have been unable to see them because she refuses to let us have them. We didn't think it was a big deal to just stop and see how they were doing. So do we have to let her know when we will be in that town? We are concerned because she stated that we drive around her neighborhood which is not true, and we don't want her to be able to say that we are stalking her. We feel like we should be able to stop and say hi if they are outside playing, and aren't even at home.
1 Answer from Attorneys
Re: Do we have to?
First of all, why on earth would your husband allow his ex to keep him away from his children? Unless he is a threat to their safety and health, he should always fight to see his children, and you should support and encourage him. His obligation to his children arose first. Your husband should immediately file for contempt against his ex for interfering with his visitation rights. Second: you do not need to inform her of when you are in town - unless there is an order that requires that. Third your ex is still the father of his children. He is entitled to act like one, and has a moral obligation to do so. Fourth, I would not put much faith in what the ex says, if she is intentionally interfering with custodial visitation, she is a lawbreaker. She is certainly not your husband's friend. Never believe an enemy.
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