Legal Question in Family Law in Virginia

Biological Mother's Harassment

My husband has physical custody of his son w/ his mother having visitations. She is contantly harassing us and violating the court order by always saying mean things to their son about his father. Due to this, my husband & I have placed him in cousneling & art therapy. The counselor has told us the child does not wish to visit his mom sometimes because ''she always talks mean about daddy''. He has asked that his last name be changed to my husbands since he has his mothers maiden name, so we go to court on 9/30. Last night, I pick him up at the meeting spot (we had to have the courts rule a meeting spot since she harassed us at our home by writing down our license plates, outting her hands in my husbands face on our property)and as she does a U-Turn she is waving her left hand out the window flipping me off with the child in the front seat with me seeing this. What can we do leagally - we have been dealing with this for 8-years and can no longer tolerate it. Can we file a show cause or a motion to review visitation due to the harassment and undue emotional and mental stress to the child?


Asked on 9/23/05, 8:23 am

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Biological Mother's Harassment

That's exactly right. You file a Motion to Amend the Prior order requesting restrictions on visitation. You use the therapist as a witness. It is the only way to get hearsay statements of the child into evidence. The visitations need to be controlled so that parental poisoning doesn't occur. If she offeds enough she will be reduced to supervised, and then no visitation at all. Document each event well an hire a good attorney to manage the pesentation of evidence.

Good luck

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Answered on 9/23/05, 7:49 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Biological Mother's Harassment

Sure, you can petition the court for a review of the visitation situation but until your husband can prove to the court by a preponderance of the evidence that the mother has violated the court's order, she cannot be sanctioned for contempt.

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Answered on 9/23/05, 8:47 am


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